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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 system differs from workers' compensation programs.

Jim received a lump-sum settlement of $100,000. The VA will annually adjust the lump sum for one year. This will reduce 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 entitled to compensation from the government for injuries suffered while serving in the military. These benefits could be in the form of a pension or disability payment. There are a few essential points to be aware of when you are considering the possibility of a personal injury lawsuit or settlement for a disabled veteran.

If a veteran who has an impairment receives a settlement or jury award against the person who is at fault for their injuries, and also has an VA disability claim, then the amount of the settlement or award can be taken from their VA payments. However, there are some limitations on this type of garnishment. First the court must have filed a petition for apportionment of the disability pay. Only a small portion, usually between 20 and 50% of the monthly salary may be garnished.

It is also important to note that compensation is based not on the actual earnings of a veteran however, on a percentage. The higher a veteran's disability score, the more compensation they'll receive. Children and spouses of disabled veterans who have died of service connected illness or injuries are eligible for a special benefit known as Dependency Indemnity Compensation (DIC).

There are many misconceptions about the effect that veterans' retirement benefits, disability pay and other benefits from the Department of veterans disability attorneys Affairs have on divorce financial issues. These misconceptions can make a divorce even more difficult for veterans and their family members.

Pension

Veterans Disability Pension is a tax-free financial benefit that provides veterans who have disabilities that they suffered or aggravated by military service. The benefit is also available to spouses who have survived and children with dependents. The pension rates are set by Congress and is determined by the amount of disability, the degree of disability, and if 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 home, vehicle and personal belongings. However the remaining non-exempt assets of the veteran must not exceed $80.000 to prove financial need.

There is a common misconception that courts can garnish VA disability payments to meet court-ordered child or spouse support obligations. However, it is important to realize that this isn't the case.

The courts can only take away the pensions of veterans if they have waived military retired pay to be compensated for disability. 38 U.S.C. SS5301 (a) is the law that governs this.

This is not the case with CRSC and TDSC because these programs were specifically designed to provide a higher level of income for disabled veterans. It is also important to note that any personal injury settlement for veterans could affect their eligibility for Aid and Attendance.

SSI

If a veteran has no income from work and is suffering from a permanent disability, they may qualify for Supplemental Security Income (SSI). This program is based on need. The applicant must have a low income and assets to be eligible for SSI. Certain people can also receive pension benefits that are paid monthly by the VA. The amount will depend on their service and wartime period, as well as a disability rating.

Most veterans are not eligible for a Pension and Compensation benefit at the same time. If a person is a recipient of pension benefits and is receiving an income from the VA then the VA will not pay a Supplemental Security Income benefit to that person.

The VA must report to the Social Security Administration your monthly military retirement, CRDP, or CRSC. This will nearly always increase your SSI benefit. The SSA can also determine your SSI earnings using VA waiver benefits.

If a judge requires the veteran to pay support ordered by the court the court can send the order directly to the VA and request that the military retirement slashed for that purpose. This can be the case in divorce situations where the retiree is required to waive their military retirement pay in exchange for their VA disability payments. The U.S. Supreme Court ruled recently in the case Howell that this practice violated federal laws.

Medicaid

A veteran who has a disability that is related to service could be eligible for Medicare and Medicaid benefits. He must prove that he has fulfilled the five-year lookback period. The applicant must also provide documents to prove his citizenship. He cannot transfer assets without an amount that is fair market value however, he can keep his primary residence and one vehicle. He can keep up $1500 in cash or the face value of a life-insurance policy.

In a divorce, a judge may decide to treat the veteran's VA Disability payments as income when calculating child support and maintenance after the divorce. This is because of the numerous court decisions that have upheld the rights of family courts to utilize these payments as income in support calculations. These include rulings from Florida (Allen v. Allen), Mississippi (Steiner v. Steiner), and Wisconsin (In Re the marriage of Wojcik).

The amount of the VA disability compensation varies based on the degree of the service-connected illness. It is determined by a chart that ranks the severity of the condition. It could range from 10 percent to 100 percent and higher ratings bringing the most money. veterans disability lawyer may also be eligible for compensation to cover attendance and aid costs, or a specific monthly payment, which is based not on a specific schedule or a timetable, but rather on the severity of their disability.