What You Need to Know About veterans disability attorneys Disability Settlement

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

Jim received a lump sum settlement. The VA will annualize the lump sum for a year. This will reduce his Pension benefit. He is only eligible to apply again after the annualized amount has been paid to him.

Compensation

Veterans and their families may be entitled to compensation from the government for injuries incurred during their military service. These benefits could 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 keep in mind.

For example in the event that the disabled veteran receives an award in their lawsuit against the at-fault party that damages them and also has a VA disability compensation claim, the amount of the settlement or jury award can be withdrawn from VA payments. However, there are a few limitations to this type of garnishment. First an application to the court must be filed for the apportionment. Only a small portion that is usually between 20 and 50% of the monthly amount may be garnished.

Another thing to consider is that the compensation is dependent on a percentage of the disabled veteran's condition and not on actual earnings earned from a job. The higher a veteran's disability rating, the more money they'll get. The dependent children and spouses of a deceased veteran from injury or illness related to service are eligible for a special payment called Dependency Indemnity Compensation.

There are a myriad of misconceptions regarding the impact of veterans disability' pension benefits as well as disability payments and other compensations offered by the Department of Veterans Affairs on money issues during divorce. These misconceptions can make a divorce even more difficult for veterans and their families.

Pension

Veterans Disability Pension is a tax free monetary benefit that provides veterans with disabilities incurred or aggravated by military service. The benefit is also available to spouses who have survived and children with dependents. The pension rate is established by Congress and based on the amount of disability, the extent of disability, as well as whether there are any dependents. The VA has regulations that define how assets are calculated to determine eligibility for pension benefits. Generally, the veteran's home personal effects, personal belongings and a vehicle are disregarded, while the veteran's remaining non-exempt assets must be less than $80,000 to prove financial need.

There is a common misconception that the courts can garnish VA disability payments to accomplish court-ordered child or spousal support obligations. But, it is crucial to understand that this isn't the case.

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

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

SSI

Veterans with an irreparable disability and who have no income might be eligible for Supplemental Security Intake (SSI). This program is based upon need. One must have a low income and assets to be eligible for SSI. Certain people could also be eligible to receive the VA monthly pension. The amount is determined based on the duration of service, wartime time and disability rating.

Most veterans do not qualify for both Compensation and Pension benefits simultaneously. If a person is eligible for a disability payment and pension benefits from the VA the VA will not pay a Supplemental Security income benefit.

The VA is required to provide your monthly military retirement, CRDP or CRSC to the Social Security Administration (SSA). This usually results in an increase in your SSI benefit. SSA may also benefit from the VA waiver of benefits to calculate your SSI income.

If a judge orders an individual veteran to pay support ordered by the court, the court can go directly to the VA and have the military retirement slashed to pay for this reason. This can happen in divorce cases where the retiree has to give up their military retired pay in exchange for their VA disability benefits. The U.S. Supreme Court recently decided in the case of Howell that this practice violated federal law.

Medicaid

A veteran with a disability that is related to service could be eligible for Medicare and Medicaid benefits. He must prove he has met the five-year look-back period. Additionally, he needs to provide proof to prove his citizenship. He cannot transfer assets without an amount that is fair market value but he can still keep his primary residence and a vehicle. He can keep up $1500 in cash or the face value of a life insurance policy.

In a divorce the judge could decide to include the veteran's VA Disability payments as income when calculating child support and maintenance after the divorce. The reason for this is that a number of court cases have confirmed the rights of family courts to utilize these payments to calculate support. These include decisions from Florida (Allen v. Allen), Mississippi (Steiner v. Steiner), and Wisconsin (In re Marriage of Wojcik).

The amount of VA disability compensation is contingent upon the severity of the service-connected illness. It is calculated based on a schedule that ranks the severity the condition. It can vary from 10 percent to 100 percent, with higher ratings yielding the most money. It is also possible for a veteran to receive additional compensation for aid and attendance expenses, or special monthly payments that are not based on a schedule but on the degree of the disability.