What You Need to Know About Veterans Disability Settlement
The VA program compensates for disability on the basis of 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 adjust the lump sum for a year. This will decrease 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. These benefits can be the form of disability or pension. There are a few key aspects to consider when considering a personal injury lawsuit or settlement for disabled veterans.
If a veteran suffering from disability is awarded a settlement or a jury award against the party who was at fault for their injuries and also has an VA disability claim and the amount of that settlement or award can be garnished from their VA payments. This kind of garnishment comes with certain restrictions. First, the court must have filed a petition seeking apportionment of the disability pay. Then only a portion that is usually between 20% and 50% of the monthly salary may be garnished.
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. The higher a veteran's disability score, the more compensation they will receive. The spouses and dependent children of a veteran who died from injury or illness related to service are eligible for a specific compensation known as Dependency Indemnity Compensation.
There are many misconceptions regarding the impact of veterans' pension benefits,
firm disability payments and other compensations from the Department of Veterans Affairs on money issues in divorce. These misconceptions can cause a difficult divorce even more difficult for veterans and their family members.
Pensions
veterans disability lawsuits Disability Pension is a tax-free benefit that pays out to veterans suffering from disabilities that were incurred or aggravated during military service. The benefit is also accessible to spouses who have survived as well as children who have dependents. The pension rates are set by Congress and is based on amount of disability, the level of disability, and if there are dependents. The VA has regulations that define how assets are calculated in order to determine eligibility for pension benefits. The VA will not take into consideration the veteran's vehicle, home and personal possessions. However the remaining assets that are not exempted by the veteran must be less than $80.000 to prove financial need.
It is a common misconception that courts can garnish VA disability payments to meet court-ordered child support or spousal maintenance obligations. It is crucial to understand that this is not true.
The courts are only able to garnish a veteran's pension if they have renounced their military retirement pay in order to get compensation for an impairment. The statute that governs this is 38 U.S.C SS5301(a).
This is not the case with CRSC and TDSC, as these programs were specifically designed to provide a higher level of income for disabled
veterans disability lawyers. It is important to remember, too, that a personal injury settlement 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 is a needs-based program. SSI is only available to people with a low income and assets. Some people may also be eligible for the VA monthly pension. The amount is determined by the duration of service, wartime period and disability rating.
Most veterans do not qualify to receive both Compensation and Pension benefits at the same time. If a person gets an amount for disability and pension benefits from the VA but it does not pay them a Supplemental Security income benefit.
The VA must submit to the Social Security Administration your monthly military retirement, CRDP, or CRSC. This is almost always a cause for an increase in your SSI benefit. SSA can also make use of the VA waiver of benefits in order to determine your SSI income.
If a veteran is required to pay support by an order issued by a court the court may send the order directly to VA to garnish the military retirement. This could be the case in divorce cases where the retiree has to give up their military retirement pay in exchange for VA disability payments. The U.S. Supreme Court recently declared in the case of Howell that this practice was in violation of federal law.
Medicaid
A veteran with a service-connected disability may qualify for Medicare and Medicaid benefits. He must prove that he has met the five-year look-back period. Additionally, he has to present documents to confirm his citizenship. He cannot transfer assets without the fair market value, but he can keep his primary residence and a vehicle. He is allowed to keep up to $1500 in cash or the face amount 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 calculating post-divorce child support and maintenance. This is due to the numerous court rulings that have confirmed the rights of family courts to utilize these payments as income for support calculations. These include decisions from Florida, Mississippi (Steiner v. Steiner), Wisconsin (In the case of Wojcik's Marriage) and other states.
The VA disability compensation is based on the severity of the condition. It is calculated based on a chart which ranks the severity of the condition. It could range from 10 percent and 100 percent. Higher ratings will yield more money. Veterans could be eligible for additional compensation to cover aid and attendance expenses, or a specialized monthly payment that is not based on a schedule, but rather the severity of their disability.