5 Laws To Help In The Veterans Disability Compensation Industry

What You Need to Know About Veterans Disability Settlement

The VA program compensates for disability based upon loss of earning capacity. This system is different from the workers’ comp programs.

Jim received a lump-sum settlement of $100,000. The VA will annually increase the lump sum over a period of one year. This will be offset by his Pension benefit. He is only eligible to apply again after the annualized amount has been returned to him.

Compensation

Veterans and their families may be eligible for compensation from the government for injuries suffered during their military service. These benefits could be in the form of a pension or disability payment. There are a few important points to be aware of when you are considering a personal injury suit or settlement for disabled veterans.

If a veteran with disability is awarded a settlement or a jury award against the party responsible for their injuries and also has a VA disability claim, then the amount of the settlement or award could be garnished from their VA payments. However, there are a few limitations on this kind of garnishment. First the court petition must be filed for the apportionment. Only a small portion that is usually between 20 and 50 percent of the monthly salary can be garnished.

It is also important to know that compensation is not based on the actual earnings of a veteran, however, on an amount. This means that the higher a veteran’s disability score is, the more they receive in compensation. The dependent children and spouses of a veteran who passed away from a service-related injury or illness are eligible for a specific indemnity called Dependency Compensation.

There are a myriad of misconceptions regarding the impact that benefits from Point Pleasant Veterans Disability Attorney‘ retirement or disability compensation and other compensation from the Department of Veterans Affairs have on divorce money issues. These misconceptions can cause a difficult divorce even more difficult for veterans and their family members.

Pension

rutherford veterans disability lawyer Disability Pension (VDP) is a tax free monetary benefit that is paid to veterans with disabilities that were caused or aggravated during their service in the military. The benefit is also available to spouses who survived as well as children who have dependents. The pension rate is set by Congress and is determined by the amount of disability, the extent of disability, as well as whether there are any dependents. The VA has regulations that define the method of calculating assets in order to determine eligibility for Pension benefits. Generally, the veteran’s house as well as personal possessions and vehicle are not considered, and the veteran’s remaining non-exempt assets must be less than $80,000 in order to demonstrate financial need.

It is common knowledge that courts are able to garnish VA disability payments to meet court-ordered child support or obligations to maintain spousal support. However, it is important to know that this isn’t the situation.

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

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 keep in mind, too, that a veteran’s personal injury settlement could affect their eligibility for aid and attendance.

SSI

Veterans who have a permanent disability and no income may be eligible for Supplemental Security Intake (SSI). This program is based on the need. A person must have low income and assets to be eligible for SSI. Some individuals may also be eligible for an VA monthly pension. The amount depends on their service and wartime period as well as their disability rating.

Most veterans are not qualified to receive both a Pension and Compensation benefit simultaneously. If a person is a recipient of an existing pension and is receiving an income from the VA then the VA will not pay a Supplemental Security Income benefit to that person.

The VA is required to report your monthly 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 may also benefit from 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 funds seized to pay for this reason. This can be the case in divorce situations where the retiree is required to waive their military retired pay in exchange for their VA disability payments. The U.S. Supreme Court recently declared in the case of Howell that this practice violated federal law.

Medicaid

A veteran suffering from an impairment that is connected to service may be eligible for Medicare and Medicaid benefits. He must show that he is in the look-back period of five years. Also, he must present documents that demonstrate his citizenship. He cannot transfer his assets without a fair price, but 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 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 after the divorce. The reason is that numerous court decisions have confirmed the right of family courts to utilize these payments to calculate support. These include decisions from Florida, Mississippi (Steiner v. Steiner), Wisconsin (In Re Wojcik’s marriage) and other states.

The VA disability compensation is determined by the severity of the condition. It is based upon an index that evaluates the severity of the condition. It can range from 10 percent to 100 percent, with higher ratings yielding the most money. Veterans may also be eligible for additional compensation to cover attendance and aid expenses, or a specialized monthly payment that is based not on a specific schedule or a timetable, but rather on the severity of their disability.