Can Retirement Be Revoked
Since an employer isnt required by law to provide a retirement plan for employees, it can terminate its retirement plan. An employer can terminate a plan for various reasons: As a result of a voluntary decision to terminate the plan.
Can You Receive Va Disability And Military Retirement Pay
Yes, you can receive both VA disability and military retirement pay. Many veterans are entitled to both benefits. However, there are a few things to keep in mind.First, your VA disability benefits are not taxable, while your military retirement pay is. You will need to factor in taxes when budgeting for your living expenses.Second, if you receive VA disability benefits, you may be eligible for additional programs and services through the VA. These can include health care, vocational rehabilitation, and more. Be sure to check with the VA to see what other benefits you may be eligible for.Third, it is essential to remember that your military retirement pay does not impact your eligibility for VA benefits. You can receive both benefits regardless of your military retirement pay amount.
Can Va Benefits Be Considered As A Source Of Income In Awarding Child Support Or Alimony
Yes, although some states may have cases or statutes which exempt VA disability benefits. In Rose v. Rose , the U.S. Supreme Court reviewed a contempt judgment against a veteran whose sole source of income was his VA disability compensation. He had refused to pay $800 a month in child support, claiming that he was constitutionally allowed to keep these VA benefits for himself. In an extensive review of the statutes and rules governing VA payments, the Court found that these benefits are not provided to support appellant alone. It went on to state that:
- Veterans’ disability benefits compensate for impaired earning capacity, H. R. Rep. No. 96-1155, p.4 , and are intended to “provide reasonable and adequate compensation for disabled veterans and their families.” S. Rep. No. 98-604, p.24 . Additional compensation for dependents of disabled veterans is available under 38 U. S. C. ‘ 315, and in this case totaled $90 per month for appellant’s two children. But the paucity of the benefits available under ‘ 315 belies any contention that Congress intended these amounts alone to provide for the support of the children of disabled veterans. Moreover, as evidenced by ‘ 3107 , the provision for apportionment we have already discussed, Congress clearly intended veterans’ disability benefits to be used, in part, for the support of veterans’ dependents.
The provisions for dependents, found at 38 U.S.C. 1115, are:
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When Can My Disability Be Reduced
While termination is quite rare, its far more common that a disability rating from VA is reduced, thus affecting the total financial assistance provided to a veteran.
First and foremost, if you are incarcerated for a felony, your disability rating will be reduced to 10% of the original total benefit value on the 61st day of your imprisonment. If you were already at the 10% threshold, your rating will be reduced to 5%. When you are released, you will need to inform VA in order to have your rating restored to its normal level. Most other reductions will be related to a reexamination.
Can The Va Reduce Your Disability Benefits What You Need To Know About A Reexamination Notice
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Did you know that its possible for the Department of Veteran Affairs to reduce your VA disability rating? When the VA gives you a service-connected disability rating, it retains the right to reexamine you to determine if your disability is still present and warrants the original rating.
The VA can increase, reduce or terminate your disability compensation based on its reexamination. But, not every veterans disability rating is scheduled for a reexamination, and not every rating will change.
For example, some service-connected disability ratings are considered protected and will not be changed.
Veterans with a P& T rating will usually not be scheduled for a reexamination. The same goes for injuries considered permanent or static. These include injuries that will never change, such as a missing limb.
Some medical conditions are not considered permanent and may be subject to reexamination.
Lets take a look at VA reexaminations to better understand the details of why, when and how, the VA reexamines disability ratings, and whether or not your rating will be reviewed in the future.
If the VA reviews your disability rating ,keep in mind that reviews work both ways. They can increase or decrease your rating, depending on supporting evidence and documentation.
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Under What Circumstances Will I Lose My Va Benefits
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. Benefits commonly affected by a prison sentence include educational as well as disability entitlements.
Veterans who have more than one foreclosure will lose their VA home loan benefit, though this entitlement can be regained.
Va Disability Ratings For Other Veteran Issues
Veterans can become eligible for VA disability due to many physical or mental health conditions. The disability rating depends on how severe your condition is and how strongly it affects your ability to function in daily life. As a result, each case has to be estimated individually by the VA and medical or mental health professionals. Some common issues that can make you eligible for VA disability include:1, 4, 7
- Amputation of a limb.
- Breathing issues due to lung disease or condition.
- Cancer due to exposure to harmful chemicals or other substances.
- Long-term back pain leading to a diagnosed back disability.
- Severe loss of hearing
- PTSD, with or without substance use.
- Reduced range of motion, causing trouble moving one or more parts of your body.
- Scar tissue from a wound.
- Stomach ulcers.
- Traumatic brain injury .
In 2016, the most common VA disability rating for service-connected PTSD was 70%, and PTSD frequently occurs with substance abuse.4 However, the ratings vary greatly depending on ones unique situation, and may range from an percentage between 0 and 100.
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Is Tdiu Considered Permanent
The short answer is that a TDIU rating is not permanent, but it only gets taken away when facts and circumstances warrant such a change. This article will provide a recap of what TDIU is and how that rating decision is made, then walk you through the details of when and how a TDIU rating could be changed.
How Does The Va Re
The VA will schedule an examination to determine if your VA disability rating is still appropriate for how much your service connected disability affects your ability to function, as well as your quality of life. It is vitally important that you attend this appointment or reschedule it for a better time. Otherwise, the VA will have grounds to reduce or even terminate your VA disability benefits.
Just because you received a re-examination notice from the VA doesnt mean you have to panic about losing your VA disability benefits. If your condition has remained the same, the VA will most likely find that your VA disability rating is still accurate.
Still have questions about your VA disability rating? The VA Disability Group is dedicated to helping veterans just like you get the compensation they deserve for service connected disability. To schedule an appointment with our VA disability attorneys in Kalamazoo MI and learn how the VA disability 5 year rule affects your case, call 1-844-VET-LAWS.
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Have Questions About Your Va Disability Benefits
Entering the criminal justice system can be a stressful process, especially if you and your family rely on VA benefits. If you have questions about your entitlement to benefits after arrest, contact the team at Hill & Ponton. Our attorneys specialize in social security and veterans disability, focusing on client relationships. Contact us today for a free case evaluation.
Veterans Pension Versus Disability Compensation
In some cases, veterans can receive disability compensation. It’s not the same as the VA pension. Heres a way to tell the difference:
Disability compensation is for an illness or injury that happens because of or was made worse by your military service. Its not income-based and war service is not required.
A VA pension is for war veterans with a low income and who may have a disability that is not service-related.
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Are Activist State Judges Forcing Many Disabled Veterans Going Through A Divorce To Use Their Veterans Disability Compensation To Pay Alimony Or Else Face Contempt Charges And Jail If They Refuse
The summary of Rose v. Rose above is one illustration of how a veteran tried to get out of paying child support and found that every court which reviewed his case upheld the trial judges decision that he must support his family and obey the courts order, even though his only income was his VA payments. The same principle applies to alimony. There is no justification in disobeying a judge whose ruling is based on the well-recognized decision of the U.S. Supreme Court. If you refuse to pay as the judge ordered, youll very likely be punished by the court and that is the way it should be for those who violate the law or disobey court orders.
Theres no way that any reasonable person would consider the U.S. Supreme Court to be composed of activist judges. As to state courts well, lets take a look
The states are virtually unanimous in their rulings on this. Its a real stretcher to say that all of these courts are all packed with activist judges.
How Do I Reevaluate My Va Disability Rating
Typically, VA will automatically schedule a reevaluation for a veterans service-connected condition for between two and five years. In some cases, a veteran may request a reevaluation sooner if their condition has worsened or improved significantly.
The first step in requesting a reevaluation is contacting VA and explaining that you believe your disability rating should be changed or simply filing a claim for an increase. You will then need to provide the VA with updated medical records documenting your current condition.
Once VA has received your records, they will decide whether or not to grant your request for a reevaluation. If they grant your request, you will be given an appointment for an examination with a VA medical provider.
Be sure to bring all relevant medical records to this examination so that the provider can fully evaluate your condition.
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I Need Help Fast My Ex
When a military retiree elects VA disability compensation, and he or she has a VA rating of less than 50% or else has Combat-Related Special Compensation, this election decreases the share of the military pension which is available for division, known as disposable retired pay. When there is a military pension division order which is paid out through the military retired pay center, then that means a drop in the money which the former spouse gets.
Whether the former spouse has a remedy in court depends a lot on the circumstances. You cannot get the judge to require the ex-husband to indemnify you if there is no prior requirement for indemnification, either in a written agreement or in a prior court order. The U.S. Supreme Court ruled on that issue in Howell v. Howell, decided May 15, 2017. So when theres NO previous agreement or order requiring indemnification, you cannot get the court to order a pay-back.
If there WAS an agreement or order on this, then there MAY be a chance of obtaining indemnification. But it will require a good lawyer and the time and funds to fight it out in court , since these contingencies were not addressed in the Howell decision.
Loss Of Va Benefits: Is It True
In April of this year I was reading the minutes of the National Veterans Mental Health Council Conference Call and noted a comment by one of the participants. 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 than one VA Medical Center location who allegedly had experienced the same. The issue, for a few Veterans, seems to be that they had volunteered in one capacity or another at their VA Medical Center VA likes for Volunteers to log their volunteer hours and uses the logged hours to give credit to Veterans Service Organizations and when recognizing Veteran volunteers the affected Veterans were Service Connected with a 100% Unemployable rating for a mental health disability and, after performing Volunteer work at their VA Medical Center and logging their volunteer hours, these few Veterans were notified by the Veterans Benefits Administration that their 100% Unemployable status was revoked because their volunteer work was evidence that they were employable.
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Ssdi And Va Disability How Do They Compare
Social Security and the U.S. Department of Veterans Affairs pay disability benefits to eligible people and their qualified dependents. However, the programs, processes, and criteria for receiving benefits are very different. Each agency must follow its own definition and requirements.
See the fact sheet for a side-by-side comparison of the differences between SSDI and VA compensation.
|Injury/Illness must be due to military service|
|Impairment must prevent the ability to work at substantial gainful activity level at time of application|
|Disabling condition must last at least 12 months or end in death|
|Age, education, and work history can affect eligibility|
|Monthly benefit amount and eligibility are not affected by the other program|
|Offers partial payments based on scale of disability|
|All or nothing disability payment|
Social Security pays disability benefits to people who cant work because they have a severe medical condition that is expected to last at least one year or result in death. Federal law requires this very strict definition of disability. While some programs give money to people with a partial disability or a short-term disability, we do not.
The VA pays disability compensation to veterans who have a service-connected disability resulting from a condition that was incurred during or aggravated by active military service.
What Is The Va 55 Year Rule
Veterans over the age of 55 are protected from rating reductions under what is known as the VA 55-year rule. Veterans must have been discharged from active military service under honorable conditions to qualify. The VA 55-year rule ensures that these veterans will not have their disability benefits reduced, even if their condition improves over time.
This protection allows older veterans to live with dignity and security, knowing that their benefits will not be suddenly cut off. The VA 55-year rule is a lifeline for many veterans that helps them make ends meet in their golden years.
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Va Disability And Drug Use: Is Substance Abuse A Va Disability
Veterans Affairs disability benefits refer to the compensation that veterans receive if they become sick or injured while on military duty. These benefits are also provided to vets who had a condition that worsened due to their service in the military. Compensation can include VA health insurance benefits or direct monthly compensation.
Disability benefits may cover physical conditions as well as mental health conditions.1 Those benefits may also apply to substance use disorder , which is sometimes simply called addiction. SUD is a disease that leads to problems with substances such as drugs and alcohol. If SUD is left untreated, it can negatively affect other aspects of life, which is why the VA sometimes considers it to be a service-connected disability.2
However, rehab for veterans can help them recover from substance abuse issues and other co-occurring mental health conditions, such as PTSD. This page will cover VA disability benefits, drug use, and explain how VA medical centers offer multiple types of therapy and medications that are effective for treating SUD.3
Learn more about navigating veteran & VA benefits for rehab.
When The Va Proposes A Reduction In Your Rating
The VA has the authority to require that you report for follow-up medical exams, especially if the agency is looking into your claim. Like the initial Compensation and Pension exam, its important that you show up for this exam on the day its scheduled. If you fail to report and you dont have a satisfactory reason for missing the appointment, the VA can reduce compensation or sever it completely.
If medical evidence is obtained by the VA that shows your condition has improved, the agency has the right to reduce your disability rating. However, before the rating is changed, here are some specific steps in the process:
- The VA must follow a formal process that proposes the reduction before the agency actually reduces your rating.
- The VA must send notice to the claimant of the proposed reduction.
- The VA must ensure that there is accurate medical evidence from a legitimate medical exam to support a reduction in the rating.
- The VA must determine that theres been a real change in the claimants disease or illness, not just a limited or short-lived improvement.
- The VA must have enough evidence to support a decision to reduce an entire history of the claimants condition.
- The claimant has the right to challenge the reduction and send evidence to refute it.
- The claimant must respond within 30 days to prevent a change in his rating.
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