If you’re in one of the lower priority groups, you could lose your VA health care benefits in the future. If you don’t keep your private insurance, this would leave you without health coverage. What can cause a veteran to lose benefits? Veterans could lose their VA benefits for two reasons: Incarceration and multiple foreclosures.
How much can I earn before losing benefits?
This means you could both work and earn Social Security benefits for as long as four to five years before you reach the year you'll hit FRA. In any of these years, your benefits will be reduced by $1 for every $2 earned above a set income limit. The amount you can earn without affecting benefits changes each year. For 2019, the limit is $17,640.
Do you lose VA benefits with a general discharge?
Veterans with a general discharge, or general discharge under honorable conditions, are also entitled to all the benefits under the VA. This character means that a service member may not have met all of the standards of honorable discharge, yet their military service met standards of adequacy.
When can the VA terminate or lower my disability benefits?
When Can the VA Terminate My Disability Compensation? Benefits for disabilities with a service connection can be reduced (as described above), but rarely stopped altogether. If you have been receiving service-connected benefits for ten years or longer, your benefits receive special protection from termination. The VA cannot terminate these benefits unless you committed fraud or unless the VA made a "clear and unmistakable error" in granting you benefits (CUE).
How to find out if you are eligible for veterans benefits?
Determining Veteran Status – Eligibility Service Records: Proving Your Eligibility For a veteran to show they’re eligible for benefits, they must first present the VA office with an official copy of their DD Form 214/215, or NGB 22/22A, which are some of the most significant documents issued by the military.
Can VA health benefits be taken away?
The VA cannot terminate these benefits unless you committed fraud or unless the VA made a "clear and unmistakable error" in granting you benefits (CUE).
How long do VA health benefits last?
You can receive free VA health care for up to 5 years after discharge or release for any condition related to your service in Operation Enduring Freedom (OEF) in Afghanistan or Operation Iraqi Freedom (OIF) or Operation New Dawn (OND) in Iraq.
What disqualifies you from VA benefits?
If you're a current or former member of the Reserves or National Guard, you must have been called to active duty by a federal order and completed the full period for which you were called or ordered to active duty. If you had or have active-duty status for training purposes only, you don't qualify for VA health care.
When can you lose VA benefits?
VA disability compensation payments are reduced if a Veteran is convicted of a felony and imprisoned for more than 60 days. Veterans rated 20 percent or more are limited to the 10 percent disability rate. For a Veteran whose disability rating is 10 percent, the payment is reduced by one-half.
Do veterans get free HealthCare for life?
You can get free VA health care for any illness or injury that we determine is related to your military service (called “service connected”). We also provide certain other services for free.
What is the VA 5 year rule?
The VA disability rating 5-year rule states that the U.S. Department of Veterans Affairs (VA) cannot reduce a veteran's disability rating if it has been in place for five years or more unless the condition shows sustained improvement over time. In this situation, the veteran's rating is considered a stabilized rating.
What are the income limits for VA health care 2020?
In 2020, the VA National Income Thresholds were as follows: $34,171 or less if you have no dependents. $41,005 or less if you have one dependent. $43,356 or less if you have two dependents.
Can you make too much money to get VA benefits?
If your health care eligibility is based on financial need, your family net worth (over $80,000) can prevent you from qualifying for VA health care. For more information, click here.
How do I get my VA benefits reinstated?
FEDERAL BENEFITS The VA does not automatically reinstate a veteran's benefits when he or she is released from prison; the veteran must apply to have his or her benefits reinstated. The application must include official documentation of the veteran's release from incarceration.
How often is VA disability reviewed?
Between two and five yearsVA usually reevaluates veterans' service-connected disabilities on two occasions: Six months after leaving military service; and. Between two and five years from the date of the decision to grant VA disability benefits.
Is my VA disability permanent?
VA disability ratings generally are not permanent. Rather, they are subject to review by the U.S. Department of Veterans Affairs (VA) at any time. If VA finds that your situation or condition has changed since you received your initial rating, it may assign you a new rating—or cease your benefits altogether.
What is the 55 rule for VA disability?
What is the VA 55-year-old rule? Veterans who receive VA disability benefits for service-connected conditions are exempt from periodic future examinations once they turn 55 years old. This includes veterans who will be 55 by the date of a future examination, according to the VA Adjudication Procedures Manual.
Why did VA volunteer resign?
In the meantime, word of this issue has spread to Veterans across the Country. Some Veterans who were serving in VA volunteer positions resigned because they feared their Unemployable rating was in jeopardy.
What is a response to a VA issue?
It would help both VA and Veterans if the Veterans Benefits Administration (VBA) would issue a response to this issue from a VBA office that is high up in the chain-of-command; a position above the VA Regional Offices. A response from a position above VA Regional Offices is needed so that Veterans can rely on whatever the response is and not be concerned that individual VA Regional Offices might have different interpretations of the issue. A full explanation of the truth or non-truth of the issue, more than just a quote from the applicable law, and one that addresses the specific issue would be most helpful. (I and others have researched and read the applicable law. However, we all know that the law is subject to interpretation).
What is the maximum mental health rating for veterans?
Veterans with combined schedular ratings of 100% (with up to a 70% Mental Health rating) can be employed without restriction.
Why is a response from a position above VA Regional Offices needed?
A response from a position above VA Regional Offices is needed so that Veterans can rely on whatever the response is and not be concerned that individual VA Regional Offices might have different interpretations of the issue. A full explanation of the truth or non-truth of the issue, more than just a quote from the applicable law, ...
Why was a veteran downgraded?
It seems that a Veteran who was a volunteer on the Veterans Mental Health Council at one of the VA Medical Centers had been downgraded on his Service Connected mental health disability because the volunteer work he was doing “showed that he could work.”. I began to investigate this issue and discovered more than one Veteran at more ...
Can you get a ticket to work for a disability?
But even here, the federal government has a clear guideline that all vocational employment specialists understand with respect to Social Security, and that is that up a certain level of employment, even wity disability, one can obtain what is called a Ticket to Work permitting the vetern to obtain what is described in the VBA document (insultingly, I might add)as “marginal employment.”
Can veterans work if they receive unemployability benefits?
Veterans who are in receipt of Individual Unemployability benefits may work as long as it is not considered substantially gainful employment. The employment must be considered marginal employment.
What if I do not receive this form?
Since 2015, VA has annually sent IRS Form 1095-B to Veterans who were enrolled in the VA health care system at any time the previous calendar year. If you did not receive a Form 1095-B from VA explaining your health care coverage for each year you are or have been enrolled, call 1-877-222-VETS (8387) Monday through Friday from 8 a.m. until 8 p.m. ET. This form is for your records only and should not be sent to the IRS or returned to VA.
What is a VA service-connected rating, and how do I establish one?
A service-connected rating is an official ruling by VA that your illness or condition is directly related to your active military service. To obtain more information or to apply for any of these benefits, contact your nearest VA Regional Office at 1-800-827-1000, or visit us online at www.ebenefits.va.gov or www.va.gov.
What happens if at the end of the process my income is verified to be higher than the income limits?
Your copay status will be changed from copay exempt to copay required, which may result in disenrollment due to enrollment restrictions for Veterans whose income exceeds the income limits. VA facilities involved in your care will be notified of your change in status and to initiate billing for services provided during that income year. Your enrollment priority status may be changed if your financial status is adjusted by the income verification process. If your enrollment status is changed, you will be notified by mail.
What if I receive a bill and cannot pay?
If you are unable to pay your bill, you should discuss the matter with the Patient Billing Office at the VA health care facility where you received your care. See “ VA Has Programs That Can Help” in Copayments on page 12.
When do I begin declaring health care coverage to IRS?
U.S. taxpayers need to declare their health coverage on their federal tax forms.
Do I qualify for routine health care at community facilities at VA expense?
To qualify for routine health care at community facilities at VA’s expense, you must first be given a written referral. Included among the factors in determining whether such care will be authorized is your medical condition and the availability of VA services within your geographic area. VA copayments may be applicable.
Can I cancel my VA health care coverage?
You may request to dis-enroll from VA health care, commonly referred to as cancel/decline, at any time . To request to be dis-enrolled, you must submit a signed and dated document requesting to be dis-enrolled from VA health care to a VA Medical Center or you may mail the request to:
What are the benefits of being a veteran?
Treat illnesses and injuries. Prevent future health problems. Improve your ability to function. Enhance your quality of life. All Veterans receive coverage for most care and services, but only some will qualify for added benefits like dental care. The full list of your covered benefits depends on:
What is VA approved walk in clinic?
This may include care at a VA-approved: Walk-in retail health clinic for minor illnesses like a sore throat or earache. Urgent care facility for more pressing (but not life-threatening) illnesses or injuries that require treatment like splinting, casting, or wound care.
Does VA health insurance meet the ACA?
You should also know that being signed up for VA health care meets your Affordable Care Act (ACA) health coverage requirement of having “minimum essential health coverage.” We’ll update this site if the ACA changes with new laws.
Do veterans need to complete a financial assessment?
This will depend on factors like your income level, disability rating, and military service history. Most Veterans need to complete a financial assessment when they enroll. This helps us determine if you qualify for free VA health care. Learn more about VA copays.
Do veterans get dental insurance?
All Veterans receive coverage for most care and services, but only some will qualify for added benefits like dental care. The full list of your covered benefits depends on:
Do you have to pay a VA copay if you live in Alaska?
You don't need us to approve (or "preauthorize") your care before you get treated, and. You don't need to pay a VA copay. If you live in A laska. You may be able to receive care through an Indian Health Service facility or Tribal Health facility even if you're not an eligible American Indian or Alaska Native Veteran.
Can you terminate your VA benefits?
If you have been receiving service-connected benefits for ten years or longer, your benefits receive special protection from termination. The VA cannot terminate these benefits unless you committed fraud or unless the VA made a "clear and unmistakable error" in granting you benefits (CUE).
Can you terminate your VA benefits if you have been receiving service connected benefits for less than ten years?
Even if you have been receiving service-connected benefits for less than ten years, it is still quite rare for the VA to terminate these benefits.
Can you get 100% disability rating?
In those cases, you are entitled to a 100% rating based on "individual unemployability."
Can the VA reduce your disability?
If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
Can you get reduced VA benefits if you go to jail?
If you go to jail, the VA can temporarily reduce your benefits. See Nolo's article on VA benefit reductions if you go to jail.
Can the VA reduce your rating after a reexamination?
If you do not have one of the protected rates, the VA still cannot reduce your rating after a reexamination unless:
What happens if a veteran's disability is not permanent?
When this occurs, a veteran may see a drop in their disability benefits. The VA may also determine that the disability no longer exists, and the benefits may be discontinued. The VA is required to issue notice of the proposed reduction or termination and give the veteran time to submit evidence and request a hearing.
Why do veterans have to go to periodic medical examinations?
Veterans with disabilities that are not considered permanent may be sent for periodic medical examinations in order for the VA to evaluate and rate their disabilities. If there is medical evidence that a veteran’s disability has improved, the VA might reduce the currently assigned disability rating.
What is a protected benefit rate?
Some veterans have what are called Protected Benefit Rates. The VA offers protections for disability ratings that have been in effect for certain periods of time. For example, with a service-connected VA disability has been continuously rated at or above a certain rating percentage for 20 years or more, the VA is prohibited from reducing the rating below that level.
What does it mean when a VA rating is 100%?
A permanent rating is not to be confused with total disability. Total means the veteran’s disability is rated at 100% disabling. If a disability is rated at 100%, that indicates the veteran is completely disabled.
Can the VA reduce my disability?
If a veteran is found to be a fugitive felon while receiving VA disability benefits, the VA will discontinue disability benefits from the date of the warrant. Once the veteran is no longer considered a fugitive felon, the VA is supposed to resume the veteran’s disability benefits.
How does a felony affect disability?
Only felony convictions resulting in imprisonment of more than 60 days will affect your disability compensation . If you are in a work release program, a halfway house, or under community control, your disability compensation will not be affected because this is not considered incarceration.
Can you lose your veteran benefits?
The loss or reduction of your veterans benefits can be disastrous to you and your family. But with an experienced lawyer by your side, you can ensure that you are getting the most benefits possible under the circumstances.
Can a criminal conviction affect veterans benefits?
If you are facing criminal prosecution, your veterans benefits may be on the line. Although criminal charges alone will not affect your benefits, a conviction for a crime that results in imprisonment may result in a reduction of your disability compensation or the suspension of your non-service connected pension payments.
Can you lose military disability if you are in a halfway house?
If you are in a work release program, a halfway house, or under community control, your disability compensation will not be affected because this is not considered incarceration. If your conviction triggers military disability compensation penalties, you will not lose the benefits altogether. Instead, they will be reduced by half.
What happens to VA when a veteran retires?
When a Veteran retires, their income drops dramatically. The VA should stop considering the Veteran’s income from the previous year, and consider what their income is for the current year.
When did the VA eliminate net worth?
Effective 2015, VA eliminated the use of net worth as a determining factor for both health care programs and co-payment responsibilities. This change makes VA health care benefits more accessible to lower-income Veterans and brings VA policies in line with Secretary Bob McDonald’s MyVA initiative which reorients VA around Veterans’ needs.
What to call if you can't drive to a VA facility?
Did you also know that if you are unable to drive to a VA facility you can generally call the DAV and they will use VA supplied vehicles to transport you in most cases? The DAV does this free and you do not need to be a member of the DAV. FYI, the DAV is a private organization and not part of the VA system.
How many years did a sad sack serve in the military?
So a sad sack who did 2 years in the military and remained a sad sack throughout his career gets VA medical care, but someone who spent 28 years active and reserve and worked hard throughout his career gets NOTHING because he earns too much.
What does elimination of net worth mean for VA?
Elimination of the consideration of net worth for VA health care enrollment means that certain lower-income, non-service-connected Veterans will have less out-of- pocket costs. Over a 5-year period, it is estimated that 190,000 Veterans will become eligible for reduced costs of their health care services. In March 2014, VA eliminated the annual ...
When did the VA eliminate the annual financial assessment requirement?
In March 2014, VA eliminated the annual requirement for updated financial information. VA now uses information from the Internal Revenue Service and Social Security Administration to automatically match individual Veterans’ income information which reduces the burden on Veterans to keep their healthcare eligibility up to date. That change better aligned VA’s health care financial assessment program with other federal health care organizations.
Can you qualify for VA health if you own a junker house?
I think it is a decent move to eliminate the “net worth” from the formula. Even if you own a junker house values are so inflated that you could not qualify for VA health. Now, perhaps a different story and some folks who need care will qualify.
