What You Need to Know About Veterans Disability Settlement

The VA program compensates disabled people based upon loss of earning ability. This system is different from workers' compensation.

Jim received a lump sum settlement. The VA will annually increase the lump sum over a period of one year. This will be offset by his Pension benefit. He is only able to apply after the annualized amount has been returned to him.

Compensation

Veterans and their families could be eligible for compensation from the government for injuries they suffered during their military service. These benefits may be in the form of a disability or pension payment. If you are considering a personal injury lawsuit or settlement on behalf of a disabled veteran, there are some important aspects to remember.

For example when the disabled veteran receives an award in their legal case against the at-fault person who caused their injuries and they also have a VA disability compensation claim, the amount of the settlement or jury award may be withdrawn from their VA payments. This type of garnishment comes with certain limitations. First the court must have filed a petition for the apportionment of the disability compensation. Then, only a portion of the monthly compensation may be garnished, generally between 20-50 percent.

It is also important to know that compensation is based not on the actual earnings of a veteran but on an amount. The higher the veteran's disability score, the more money they'll get. The dependent children and spouses of a veteran who died from injury or illness related to service can be eligible for a special payment called Dependency Indemnity Compensation.

There are a myriad of misconceptions regarding the impact that veterans' retirement benefits along with disability pay and other compensations from the Department of Veterans Affairs have on divorce issues involving money. These misconceptions can make a divorce even more difficult for veterans and their families.

Pensions

Veterans Disability Pension is a tax-free financial benefit that is granted to millbrook veterans disability lawyer who have disabilities that they suffered or aggravated through military service. The benefit is also available to spouses who survived as well as children who have dependents. Congress sets the pension rate that is based on the severity of disability and dependents. The VA has specific rules regarding the way assets are calculated to determine the eligibility of pension benefits. In general, the veteran's home as well as personal possessions and vehicle are not considered, and the remaining assets of the veteran that are not exempt must be less than $80,000 to show financial need.

It is common knowledge that courts can garnish VA disability payments to satisfy court-ordered child support or maintenance obligations for spouses. But, it is crucial to understand that this is not the case.

The courts can only garnish the pension of a veteran when they have waived their military retirement pay to be compensated for disability. 38 U.S.C. SS5301 (a) is the law that governs this.

It is important to remember that this is not applicable to CRSC or TDSC pay, as these programs are specifically designed to provide a higher level of income for disabled veterans. It is also important to keep in mind that an individual's personal injury settlement may reduce their eligibility for Aid and Attendance.

SSI

Veterans with an irreparable disability and who have no income may be eligible for Supplemental Security Intake (SSI). This is needs based program. SSI is only available to those with a low income and assets. Some individuals may also be eligible to receive an VA monthly pension. The amount they receive is contingent upon their service and war time period as well as a disability rating.

The majority of veterans aren't qualified to receive both a Pension and Compensation benefit simultaneously. If a person is a recipient of a pension and is receiving disability benefits from the VA, the VA will not pay the Supplemental Security Income benefit to that person.

The VA is required to submit your monthly military retirement, CRDP or CRSC to the Social Security Administration (SSA). This is almost always a cause for an increase in your SSI benefit. The SSA can also determine your SSI income using VA waiver benefits.

If a veteran is ordered to pay a support amount by a court order and the court is able to go directly to VA to garnish the military retirement. This is a possibility in divorce cases where the retired person waives his retirement benefits to receive VA disability payments. The U.S. Supreme Court recently declared in the case of Howell that this practice violated federal law.

Medicaid

A veteran with a service-connected disability may qualify for Medicare and Medicaid benefits. He must prove that he is in the look-back period of five years. Also, he must present documents that confirm his citizenship. He is not able to transfer assets without an amount that is fair market value but he can keep his primary residence and one vehicle. He can keep up $1500 in cash or the face amount of a life-insurance policy.

In divorce the judge can decide that the veteran's VA disability benefits can be considered to be income for purposes of the calculation of post-divorce child support and maintenance. This is due to numerous court rulings that have confirmed the rights of family courts to count these payments as income in support calculations. These include decisions from Florida, Mississippi (Steiner v. Steiner), Wisconsin (In the case of the marriage of Wojcik) and other states.

The VA disability payment is based on the severity of the condition. It is based on an index that rates the severity of the condition. It could vary from 10 percent to 100 percent with higher ratings earning the highest amount. orland hills veterans disability attorney could also be eligible for compensation to cover attendance and aid expenses or a monthly payment that is based not on a schedule and not on the extent of their disability.