What You Need to Know About Veterans Disability Settlement

The VA program provides compensation for disability on the basis of loss of earning capacity. This system differs from the workers' compensation programs.

Jim received a lump sum settlement. The VA will annually increase the lump sum over one year. This will offset his Pension benefit. The applicant can only apply for a second time after the annualized amount has been paid to him.

Compensation

Veterans and their families could be entitled to compensation by the government for injuries suffered during their military. 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 a few important points to remember.

For instance in the event that the disabled veteran receives an award in their case against an at-fault person who caused their injuries and they also have an VA disability compensation claim, the amount of the settlement or jury award can be taken from their VA payments. But, there are some restrictions on this type of garnishment. First an application to the court must be filed for the apportionment. Then, only a fraction of the monthly pay is able to be garnished, typically between 20-50%.

Another thing to remember is that the compensation is determined by a percentage of the disability of a veteran and not based on actual earnings earned from working. The higher the disability rating, the more the compensation they'll receive. Family members of survivors of disabled veterans who have died of service connected illness or injuries are eligible for a special benefit called Dependency Indemnity Compensation (DIC).

There are many myths regarding the impact of veterans' pensions as well as disability payments and other compensations from the Department of Veterans Affairs on finances during divorce. These misconceptions can cause divorces to be more difficult for veterans disability Lawsuit and their families.

Pension

Veterans Disability Pension is a tax-free monetary benefit that pays out to veterans with disabilities that have been incurred or aggravated during military service. The benefit is also available to spouses who survived as well as children who have dependents. Congress determines the rate of pension according to the severity of disability, and dependents. The VA has regulations that govern the method of calculating assets in order to determine eligibility for pension benefits. 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 demonstrate financial need.

A common misconception is that courts can garnish VA disability payments in order to meet court-ordered child or spousal support obligations. It is important to realize that this is not the case.

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

It is important to remember that this doesn't apply to CRSC or TDSC pay, since these programs are specifically designed to provide a higher amount of income to disabled veterans. It is important to note that a veteran's personal injury settlement could reduce their eligibility for aid and attendance.

SSI

Veterans who have an irreparable disability and who have no income may be eligible for Supplemental Security Intake (SSI). This program is based on need. A person must have low income and assets to be eligible for SSI. Certain people could also be eligible for the VA monthly pension. The amount is determined by length of service, wartime time and disability rating.

The majority of veterans are not eligible for both Compensation and Pension benefits simultaneously. If someone receives an amount for disability and a pension from the VA the VA will not pay a Supplemental Security income benefit.

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

If a judge requires the veteran to pay support as ordered by the court the court can send the order directly to the VA and request that the military retirement slashed for that reason. This is a possibility in divorce cases if the retiree is required to waive his military retired pay for VA disability benefits. The U.S. Supreme Court recently ruled in the case of Howell that this practice was in violation of federal law.

Medicaid

Veterans with disabilities that are related to their service might be eligible for Medicare and Medicaid. He must prove that he has been able to meet the five year look-back period. Also, he must provide documentation to prove his citizenship status. He is not able to transfer assets without the fair market value, however, he can keep his primary residence and one vehicle. He is allowed to keep up to $1500 in cash or the face value of a life-insurance policy.

In divorce the judge can decide that the veteran's VA disability payments may be considered income for purposes of calculation of post-divorce child custody and maintenance. This is due to numerous court decisions that have upheld the right of family courts to consider these payments as income in support calculations. These include rulings 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 upon an index that evaluates the severity of the condition. It could vary from 10 percent to 100 percent with higher ratings earning the most money. It is also possible for veterans disability lawsuit veterans to receive additional compensation for attendance and aid expenses, or for special monthly compensation that is not based on a schedule but upon the degree of the disability.