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What You Need to Know About Veterans Disability Settlement

The VA program pays compensation for disability based upon loss of earning capacity. This system is different from the workers' compensation programs.

Jim received a $100,000 lump sum settlement. The VA will annually adjust the lump sum for a year. This will decrease his Pension benefit. The applicant can only apply for a second time after the annualized amount has been returned to him.

Compensation

Veterans and their families may be eligible for compensation from the government for injuries sustained during military. These benefits could be the form of disability or pension. There are a few key things to think about when you are considering the possibility of a personal injury lawsuit or settlement for a disabled veteran.

For instance in the event that a disabled veteran receives an award in their legal case against the at-fault party, which causes them harm, and they also have an VA disability compensation claim and the amount of the settlement or jury verdict can be garnished from their VA payments. This type of garnishment is subject to certain limitations. First the court must have submitted a petition to apportionment of the disability pay. In the end, only a portion of the monthly pay can be garnished, usually between 20 and 50%.

Another thing to note is that the compensation is determined by a percentage of the disability of a veteran and not on actual earnings earned from the job. This means that the higher the rating for a veteran's disability, the more they will be compensated. Children and spouses of disabled veterans who have died due to service-related illness or injuries are eligible for a particular benefit known as Dependency Indemnity Compensation (DIC).

There are a lot of misconceptions about the impact of veterans' pensions and disability benefits, as well as other compensations from the Department of veterans disability attorney Affairs on money issues in divorce. These misconceptions can make a difficult divorce even more difficult for veterans and their family members.

Pension

Veterans Disability Pension (VDP) is an untaxed monetary benefit that is paid to veterans with disabilities that were incurred or aggravated during their service in the military. The benefit is also available to spouses who have survived as well as children who have dependents. The pension rate is determined by Congress and is based on the amount of disability, the severity of disability, as well as if there are any dependents. The VA has specific regulations on how assets are evaluated to determine the eligibility of pension benefits. The VA will not take into consideration the veteran's home, vehicle and personal belongings. However, the remaining non-exempt assets of the veteran must be less than $80.000 to prove financial need.

It is common knowledge that courts can garnish VA disability benefits to meet court-ordered child support or spousal maintenance obligations. It is important to note that this is not true.

The courts can only take a veteran's pension away if they have waived their military retired pay in order to receive the benefits of a disability. The law that governs this is 38 U.S.C SS5301(a).

This does not apply to CRSC and TDSC because these programs were specifically designed to provide a higher level of income for disabled veterans. It is important to know, too, that a person's personal injury settlement could reduce their eligibility for aid and attendance.

SSI

If a veteran is not earning earned income and has permanent disabilities and is disabled, they may be eligible for Supplemental Security Income (SSI). This is a need-based program. SSI is only available to people with a low income and assets. Certain people could also be eligible for a VA monthly pension. The amount will depend on their service and war time period as well as a disability rating.

The majority of veterans are not eligible for both Compensation and Pension benefits simultaneously. If a person has a pension and is receiving an income from the VA then the VA will not pay the Supplemental Security Income benefit to the person.

The VA has to report to the Social Security Administration your monthly military retirement, CRDP, or CRSC. This usually results in an increase in your SSI benefit. The SSA can also calculate your SSI earnings using VA waiver benefits.

If a judge directs the veteran to pay support as ordered by the court the court can send the order directly to the VA and have the military retirement funds seized to pay for this reason. This is a possibility in divorce cases if the retiree has to give up his retirement benefits to receive VA disability payments. The U.S. Supreme Court ruled recently in the case of Howell that such a procedure was in violation of federal laws.

Medicaid

Veterans with disabilities resulting from their service might be eligible for Medicare and Medicaid. He must show that he's in the look-back period of five years. He must also present documents to confirm his citizenship. He is not able to transfer his assets without a fair value however, he can keep one vehicle and his primary residence. He is able to keep up $1500 in cash or the face value of a life insurance policy.

In the event of divorce, a judge may decide to take into account the veteran's VA Disability payments as income when making calculations for child support and maintenance following the divorce. The reason is that a number of court cases have confirmed the legality of family courts to make use of 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 VA disability compensation varies based on the degree of the service-connected condition. It is determined by an index that rates the severity of the condition. It can range between 10 percent and 100 percent. Higher ratings will yield more money. Veterans may be eligible for additional compensation to cover the cost of aid and attendance expenses, or a specialized monthly payment that is not based on a schedule or a timetable, but rather on the severity of their disability.