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how can you lose va benefits

by Prof. Reed Leannon IV Published 3 years ago Updated 2 years ago
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Veterans could lose their VA benefits for two reasons: Incarceration and multiple foreclosures. For incarcerated veterans, a reduction or loss of benefits is determined by the crime committed and the resulting prison sentence E.G. whether the offense was a felony or misdemeanor.

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.

Full Answer

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 reuse your VA home loan benefits?

You should also know that:

  • You don't have to be a first-time home buyer
  • You can reuse the benefit
  • VA-backed loans are assumable, as long as the person assuming the loan qualifies

Will VA disability ever go away?

Will VA disability ever go away? Generally speaking, disability benefits are available to disabled veterans as long as the veteran remains disabled and until his or her death. Can a veteran work with a 100% disability rating? Because Veterans can be working with 100% VA disability rating, using support resources is very important.

How can you pay off your VA loan faster?

If you decide you want to pay off your mortgage early, ask your mortgage lender about:

  • Refinancing to a shorter mortgage term
  • Making extra principal payments
  • Making one extra mortgage payment per year
  • Recasting your mortgage
  • Making a lump-sum payment

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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.

Can VA benefits be taken away?

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. In any case, the VA cannot terminate your benefits unless you first receive a notice from the VA telling you about your right to have a hearing.

Can the government stop VA benefits?

VA benefits remain available during a government shutdown, but peak processing times for certain benefits can coincide with federal budget troubles in Washington, D.C. In addition, other benefits may be directly affected by a furloughed veteran's ability to make payments on VA home loans, etc.

Does VA disability ever stop?

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.

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.

Can VA disability be downgraded?

VA can reevaluate and reduce a total rating if there is evidence of material improvement in your condition. Here, VA must provide evidence that your condition has improved such that there has been an observable change in your ability to function under the conditions of daily life. You have a permanent disability.

How often does VA re evaluate disability?

VA 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.

Can you lose VA disability benefits if you go to jail?

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.

How long until VA disability is permanent?

Your condition is static (unchanging); Your condition has “persisted without material improvement for a period of five years or more” (i.e., stabilized rating); The “disability from disease is permanent in character and of such nature that there is no likelihood of improvement;”

How long are my VA benefits good for?

How Long You Are Entitled to Veterans Disability Benefits? You can receive VA disability benefits for as long as your service-connected injury or illness is assigned a compensable rating.

How do you keep your VA disability rating?

If you have had a VA service-connected disability rating for five years or more, the VA must prove your condition has improved on a sustained basis before they can reduce or terminate your disability rating. After 10 years, the VA can only reduce your rating; they cannot terminate it (absent proof of fraud).

Multiple Foreclosure on A VA Loan

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Foreclosure on a homeoccurs when the borrower cannot pay back the loan taken out to purchase the property. Although the VA home loan is a benefit that can be used any number of times, foreclosing for a second timewill result in the loss of the VA home loan benefit. Because the VA guarantees their loans, a foreclosure on a …
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Educational Benefits

  • Veterans currently imprisoned are still eligible to receive their education benefit, though the benefit is restricted if the crime committed resulted in a felony conviction. Those serving time on misdemeanors, who wish to pursue an education, are entitled to have the entirety of the costs accrued covered by the VA. Inmates serving felony convictions may still receive financial aid for …
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Disability Benefits

  • Imprisonment for a felony will result in the reduction of disability benefits following the 60th day of time served. On the 61st day, the inmates’ disability rate will drop to 10 percent if it was previously above 20 percent. If the rate was 10 percent it will be reduced to half of that. Following a release from prison, the compensation may be coll...
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Reinstating Benefits

  • Benefits and compensation can be resumed on the date the inmate is released from prison. For this to happen, the Department of Veterans Affairs must be notified of the scheduled release date within one year of it. Furthermore, this release date must be confirmed with the VA 30 days from release. More information: 1. Who is eligible for a VA loan? 2. 10 advantages of a VA Loan
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