What You Need to Know About Veterans Disability Settlement

The VA program pays compensation for disability on the basis of loss of earning capacity. This program differs from workers' compensation plans.

Jim received a lump sum settlement. The VA will increase each year the lump amount over the course of one year. This will reduce his Pension benefit. He will only be able to apply for his pension benefit once the annualized amount is returned to him.

Compensation

veterans disability lawyers and their families may be entitled to compensation by the government for injuries suffered during their military. These benefits could be in the form of a pension or disability payment. When you're considering a personal-injury lawsuit or settlement on behalf of a disabled veteran, there are a few important points to consider.

For example, if the disabled veteran receives an award in their legal case against the at-fault party that damages them and also has an VA disability compensation claim The amount of the settlement or jury verdict can be withdrawn from VA payments. This kind of garnishment is subject to certain restrictions. First, the court must have submitted a petition to apportionment of the disability payment. Only a small portion of the monthly income is able to be garnished, typically between 20-50%.

It is also important to know that compensation is based not on the actual earnings of a veteran but on an amount. The higher a veteran's disability score, the more the compensation they'll receive. Children and spouses of a disabled veteran who passed away due to service-related illness or injuries are eligible for a specific benefit known as Dependency Insurance Compensation (DIC).

There are a myriad of misconceptions regarding the impact of veterans disability attorney' pension benefits or disability payments, as well as other compensations from the Department of veterans disability case Affairs on money issues in divorce. These myths can make divorce even more difficult for both veterans and their families.

Pension

Veterans Disability Pension (VDP) is an untaxed monetary benefit for veterans disability attorneys who have disabilities that developed or worsened during their military service. The benefit is also available to spouses who have survived as well as children who have dependents. The pension rates are set by Congress and is based on amount of disability, the degree of disability, and whether there are dependents. The VA has specific rules on the way assets are calculated to determine eligibility for the Pension benefit. The VA will not consider the veteran's vehicle, home and personal effects. However the remaining non-exempt assets owned by the veteran must not exceed $80.000 to demonstrate financial need.

It is a common misconception that courts are able to garnish VA disability payments to satisfy court-ordered child support or maintenance obligations for spouses. It is important to know that this is not the case.

The courts can only garnish the veteran's pension when they have waived their military retirement pay in order to get compensation for disability. The statute governing this is 38 U.S.C SS5301(a).

This is not the case for CRSC and TDSC since these programs were specifically designed to provide a greater amount of income to disabled veterans. It is also important to know that the settlement of a personal injury claim for a veteran 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 a need-based program. SSI is only available to people with a low income and assets. Some individuals may also be eligible to receive an VA monthly pension. The amount is determined by length of service, wartime duration and disability rating.

The majority of veterans aren't qualified to receive both a Pension and Compensation benefit at the same time. If a person has an existing pension and is receiving a disability payment from the VA, the VA will not pay an additional Supplemental Security Income benefit to the person.

The VA must submit to the Social Security Administration your monthly military retirement, CRDP, veterans disability settlement or CRSC. This almost always causes an increase in your SSI benefit. The SSA can also determine your SSI income based on the VA waiver benefits.

If a veteran is required to pay support pursuant to an order from a judge and the court is able to go directly to VA to levy the military retirement. This could be the case in divorce cases where the retiree has to give up his military retired pay for VA disability payments. The U.S. Supreme Court recently made a ruling in the case Howell that this practice was in violation of federal law.

Medicaid

Veterans with disabilities resulting from their service could be eligible for Medicare and Medicaid. He must prove he has been able to meet the five year look-back period. Also, he must present documents to confirm his citizenship. He cannot transfer his assets without a fair market value, but he is able to keep one vehicle and his primary residence. He is able to keep up $1500 in cash or the face amount of a life insurance policy.

In divorce proceedings, the judge may decide that the veteran's VA disability benefits can be considered income for the purposes of the calculation of post-divorce child support and maintenance. The reason for this is that numerous court cases have confirmed the legality of family courts in using these payments to calculate support. These include rulings from Florida (Allen v. Allen), Mississippi (Steiner v. Steiner), and Wisconsin (In re Marriage of Wojcik).

The amount of the VA disability compensation depends on the degree of the service-connected illness. It is based on a chart that ranks the severity of the condition. It could range from 10 percent and 100 percent. Higher ratings will bring more money. It is also possible for a veteran to receive additional compensation for aid and attendance expenses, or monthly payments that are not based on a calendar but on the degree of the disability.