What happens if my veterans benefits are lost or reduced?
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.
Will I Lose my VA disability if I receive Social Security?
Whether you lose your VA disability or military benefits depends on the type of VA benefits you have and what type of Social Security benefits you are filing for. A veteran injured in military service or one who has a medical problem that was aggravated by military service receives a disability payment from the Department of Veterans Affairs.
What is the difference between military retirement and VA disability?
Military retirement payments are based on service only, and, like VA disability payments, there is no means test. Your military retirement pay – whether the result of 20 or 30 years of service, or a shorter period of service because of an injury, wound, or medical condition aggravated by your service – is independent of any other source of income.
What are the benefits of being a disabled veteran?
Disability compensation: Veterans who have been disabled due to their military service may be eligible for monthly benefit in the form of disability compensation. This benefit is based on the severity of the disability and is tax-free. Pension: Person who cannot work due to a service-related injury or illness may qualify for a pension.
How can you lose VA disability 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.
Can the military take away your disability?
The U.S. Department of Veterans Affairs (VA) can take away your disability rating if it determines you received your rating fraudulently, or if it determines it made a “clear and unmistakable error” when issuing your rating.
How long does military disability Last?
If VA assigns you a 100% rating, it has the option of also designating you permanently and totally disabled. If you receive this designation, your benefits are safe for the rest of your life. The only exception is if VA later determines you obtained your benefits via fraud.
Does VA disability last for life?
Most veterans of the United States Armed Forces who have a disability connected to their service are eligible for veterans disability benefits. Generally speaking, as a veteran, you can receive disability benefits for the rest of your life, as long as you remain disabled.
Can the VA take away your permanent and total disability?
Today, we'll answer the question: “Can the VA take away 100 Permanent and Total Disability (P&T)?” The short answer is: YES, they can. Every VA disability rating, whether it's deemed P&T or not, can be reduced by the VA for a variety of reasons.
Is my VA disability rating 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.
How often are VA disabilities 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.
Will I lose my VA disability if I get a job?
If you are working and receive service-connected compensation, you will not be penalized by the VA. Working veterans will only run into problems with the VA if they are receiving TDIU and their work is considered to be substantially gainful.
What is the VA 10 year rule?
The VA disability 10-year rule states that the U.S. Department of Veterans Affairs (VA) cannot eliminate a disability rating that has been in place for at least 10 years unless there is evidence of fraud. This 10-year period is calculated from the effective date of VA's original grant for service connection.
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.
Does VA spy on disabled veterans?
A VA inspector used a spy-like camera-pen to record the veteran engaged in a VA social function. At this point, you might be thinking to yourself, “The severity of my disability is real, and the VA has proof.” Which, by the way, is the case for 99% of veterans with service-connected disabilities.
Why The VA Reexamines Veterans With A Service-Connected Disability Rating
The why is easy to answer. Not all medical conditions are permanent. Some injuries heal over time, at least to some degree. The VA wants to ensure...
Notice of Reexamination Letter
The VA must send you a reexamination letter before they can change your service-connected disability rating. It’s essential that you attend this ap...
When The VA Will Not Schedule You For A Reexamination
The VA will typically not request to reexamine your rating under the following conditions: 1. The veteran is over age 55. 2. The disability is stat...
Protected VA Disability Ratings
Certain VA disability benefits are considered Protected Ratings, according to the VA (though others say the term “protected” is a misnomer). This i...
Reducing Your Disability Rating – VA Must Prove Change in Condition
The VA needs to establish substantial evidence of a change in condition before any change can occur to your service-connected disability rating. Th...
A Reexamination Is Not The End of The World
A Notice of Reexamination can actually result in an increased disability rating if the situation warrants it. The VA will not go out of their way t...
Where to Get Help If You Receive A VA Reexamination Notice
Note: I have received many inquiries relating to specific disability ratings and medical conditions. I am not medically trained and I am not author...
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.
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 the VA reduce your rating?
Unless the reexamination report shows material improvement, the VA cannot reduce your rating. If you can get a private (non-VA) doctor to give a medical opinion that your medical condition hasn't improved since the 100% rating was instituted or continued, this will help protect your rating from reduction.
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.
How long does it take for a felony to affect disability?
Only felony convictions resulting in imprisonment of more than 60 days will affect your disability compensation.
How long can you be on disability if you pleaded guilty?
For this reason, you should think carefully before pleading guilty to a criminal charge. If your sentence will be longer than 60 days , your guilty plea will very likely interfere with your veterans benefits. Fortunately, if you have a spouse or children, you may be able to divert some of your lost disability compensation to them.
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 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 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.
How much is a 10 percent disability?
A 10-percent disability rating, for a veteran with no dependents, equals $140.05 per month. A 100-percent disability for a veteran who supports a spouse, a child and parents is the highest payment, $3,625.99 per month. There is no means test for these disability payments – other income has no effect on this benefit.
How much does a VA pension cost in 2019?
In 2019, this level was set at $13,535 per year – an average of $1,128 per month – for income from all sources, including the VA pension for a veteran without a spouse or child. If your Social Security benefit and income from all other sources, including any state-provided payments, exceeds that level, you'll lose the VA pension.
What is the VA pension?
VA Pension Rates. The VA pension is paid to wartime veterans whose income is very limited or non-existent. The veteran must be totally and permanently disabled if under 65 years of age. If the veteran’s only income is from Social Security disability benefits, the veteran qualifies for this benefit but the level of income is a factor.
Who gets disability checks?
A veteran injured in military service or one who has a medical problem that was aggravated by military service receives a disability payment from the Department of Veterans Affairs. The size of the check depends on the extent of the disability as rated by the VA.
Do you have to consider VA benefits before filing for Social Security?
While you will continue to have access to some benefits, the type of VA benefits you receive makes a difference. The only factor that you need to consider before filing for Social Security benefits is the type of Social Security benefits you’re filing for.
Does Social Security affect military retirement?
Therefore, if you apply for SSI, the amount of your VA disability check and your military retirement will affect your Social Security benefit, but your Social Security benefit will not affect your VA disability or military retirement. If you apply for Social Security Disability Insurance, your VA Disability and military pension will remain ...
Is military retirement based on service?
Military Retirement Payments. Military retirement payments are based on service only, and, like VA disability payments, there is no means test. Your military retirement pay – whether the result of 20 or 30 years of service, or a shorter period of service because of an injury, wound, or medical condition aggravated by your service – is independent ...
Introduction
The old saying “Easy come, easy go” applies to a lot of things in life, but it doesn’t typically apply to veterans benefits — and rightfully so!
Conclusion
High standards of personal conduct are nothing new to those who have served with honor in the U.S. military. But once out of the structure of active duty, veterans may find it difficult to maintain this level of character. These negative behavioral choices are some of the main ways that veterans can lose their VA benefits or have them restricted.
Imprisonment
If you are in prison and have a criminal record, this could affect your VA benefits. Suppose you had been convicted of a crime and were not incarcerated for more than 60 days. In that case, your retirement welfare (including your pensions, disability compensation, and education benefits) might be stopped or reduced.
Divorce
The Uniformed Services Former Spouse Protection Act means that if you are a service member and get divorced, your ex-spouse might be able to get certain benefits. Service members get benefits. You might get some of the money they paid into their medical care and retirement.
Education Benefits
Many people who served in the military are eligible to get money from education benefits. They can acquire up to 36 months of education benefits under a law called the Post-9/11 GI Bill. You can get benefits for 15 years after your last period of active duty. You need to have served at least 90 consecutive days.
Health Care for Re-entry Veterans (HCRV) Program
The Health Care for Re-entry Veterans (HCRV) Program is a health program that helps people who have been in jail or prison to be healthy again. A critical part of HCRV is providing details to Veterans while they are incarcerated to plan for reentry themselves. The HCRV program is to avert Veterans from becoming homeless.
Veteran Justice Outreach (VJO) Initiative
Veterans Justice Outreach (VJO) is designed to help Veteran avoid the unnecessary criminalization of mental disease and extended incarceration. By ensuring suitable justice-involved Veterans receive timely access to VA healthcare, specifically mental health and substance wield services (if clinically indicated) and other VA services as appropriate.
States That Have Legalized Marijuana
The states listed below are states that have fully legalized marijuana, meaning that it is decriminalized and can be legally used for medicinal purposes or otherwise.
If I Use Marijuana, What Does That Mean for My VA Benefits?
Because marijuana is considered a Schedule One Controlled Substance at the federal level, the U.S. Department of Veterans Affairs is required to follow all federal laws and regulations, including those about marijuana. This means that VA health care providers are not allowed to recommend or assist veterans in obtaining it.
Does the VA Drug Test?
When you have routine lab work done such as blood tests or urinalyses at any VA hospital or clinic, they may check for drugs. It is important to note that blood tests and urinalyses are performed to check for conditions and abnormalities, not to specifically check for the presence of drugs.
Are Marijuana Use and Willful Misconduct Related?
Unfortunately, there is not a simple answer to this question. Willful misconduct is an intentional act or omission which is in disregard of a known risk. If you receive a willful misconduct finding, you may not be eligible for VA disability benefits.
The VA Medical Cannabis Research Act of 2021
The VA Medical Cannabis Research Act of 2021 was introduced into the Senate on April 29, 2021. This is not the first time legislation like this has been considered by Congress.
The Veterans Medical Marijuana Safe Harbor Act of 2021
The Veterans Medical Marijuana Safe Harbor Act was first introduced in the Senate in February 2019 and was reintroduced into the current Congress in April of 2021. The bill would allow doctors at the VA to prescribe medical marijuana to veterans in states that have established medical marijuana programs.
Marijuana for PTSD Symptoms
Veterans who suffer from PTSD have been reporting for years that cannabis helps manage their PTSD. There have been multiple studies examining the relationship between cannabis and PTSD symptoms.
