Incarcerated Veterans may still qualify for certain VA benefits. The amount of VA benefit eligibility depends on the reason for which the Veteran is incarcerated and the type of benefit he is applying for. Disability and pension benefits, for example, are affected once a Veteran is incarcerated.
- Disability compensation. A Veteran’s disability compensation is reduced when he is convicted of a felony and imprisoned longer than 60 days. The payments are reduced by no more than 10 percent for Veterans with disability ratings of 20 percent or more. For Veterans rated 10 percent, disability payments are reduced by 50 percent. Once a Veterans is released from prison, his disability payments may be reinstated based upon the severity of his service-connected disability(ies) at that time. Disability compensation is not reduced for Veterans participating in work-release programs, living in halfway houses or under community control.
- Pension. Pension payments terminate on the 61st day after a Veteran is imprisoned for conviction of a felony or misdemeanor. Payments may resume upon his release from prison if he meets the eligibility requirements. If Veterans does not notify the VA of his incarceration, he could lose all financial benefits until the VA recovers any overpayment.
A qualified elder law attorney specializing in VA benefits may be able to assist you should you become incarcerated. The attorney can advise you of your rights and explain in more detail how incarceration may affect any VA benefits you and your family currently receives.
