Can Criminal Charges Affect Your Veterans Disability Benefits?

Can Criminal Charges Affect Your Veterans Disability Benefits?

Navigating VA Disability Benefits can be a challenging task for many veterans, especially when additional hurdles, such as criminal charges, come into play. At Comerford Law Office, LLC, we often receive inquiries about how facing criminal charges can affect a veteran’s VA Disability Benefits. This blog post aims to provide an overview of this topic, shedding light on the interrelationship between VA Disability Benefits and criminal charges.

Understanding VA Disability Benefits

VA Disability Benefits are designed to provide financial support to veterans who have sustained disabilities related to their military service. These benefits include regular, non-taxable monetary payments and may also encompass additional compensation for veterans requiring assistance in daily life or those who have sustained severe disabilities such as the loss of a limb.

However, the VA’s stringent processes often lead to the denial of valid claims, prompting the need for appeals and further legal action. Understanding how these benefits can be affected by criminal charges is crucial for veterans relying on this essential support.

The Impact of Criminal Charges on VA Disability Benefits

Facing criminal charges can significantly affect a veteran’s VA Disability Benefits. The extent to which these benefits are impacted depends on several factors, including the nature of the charges and the outcomes of any legal proceedings.

Legal Basis for Benefit Loss

Under federal law, specifically 38 U.S.C. § 1505 and 38 C.F.R. § 3.666, veterans’ disability compensation may be reduced if they are incarcerated for more than 60 days following a felony conviction. This reduction typically applies to benefits exceeding a 10% disability rating. For veterans with a 20% or higher rating, the benefits may be reduced to the 10% rate, while those with a 10% rating may see their benefits reduced by half.

Types of Criminal Charges and Their Effects

The type and severity of criminal charges can determine whether and how VA Disability Benefits are affected. Here are some common scenarios:

Felony Convictions

For veterans convicted of a felony and subsequently incarcerated for more than 60 days, the law mandates a reduction in disability benefits. This reduction continues until the veteran is released from incarceration. However, compensation may be apportioned to the veteran’s dependents during this time.

Misdemeanor Convictions

While misdemeanor convictions may not directly result in a reduction of VA Disability Benefits, extended incarceration following such convictions can still trigger a review and potential adjustment of benefits based on the length of imprisonment.

Pretrial Detention

Veterans held in pretrial detention may face complications regarding their benefits depending on the duration of their detention and the outcome of their case. It is essential to consult with a legal professional to navigate these complexities effectively.

Examples of Criminal Charges Impacting Benefits

• DUI/DWI Convictions: Incarceration resulting from DUI/DWI offenses can lead to temporary benefit reductions if the imprisonment exceeds 60 days.
• Drug-Related Offenses: Felony drug charges and subsequent incarceration can trigger benefit reductions similar to other felony convictions.
• Domestic Violence: Felony domestic violence charges can result in significant benefit reductions if the veteran is incarcerated for more than 60 days.

Steps to Take if Facing Criminal Charges

If you are a veteran facing criminal charges, it is imperative to take the following steps to mitigate the impact on your VA Disability Benefits:

1. Consult with a VA Benefits Lawyer: Engage with a knowledgeable VA benefits lawyer to understand your rights and options. At Comerford Law Office, LLC, we offer free consultations to help veterans navigate these challenges.
2. Notify the VA: Keep the VA informed of any changes in your legal status to ensure compliance and avoid potential issues with benefit payments.
3. Explore Apportionment Options: If you have dependents relying on your benefits, discuss apportionment options with your lawyer to ensure continued support for your family during incarceration.
4. Plan for Post-Incarceration: Work on a plan for reinstating full benefits upon release, including the necessary paperwork and legal steps.

Contact Us for Guidance

Criminal charges can have profound implications for a veteran’s VA Disability Benefits, but understanding the legal landscape and taking proactive steps can mitigate these effects. At Comerford Law Office, LLC, we are committed to helping veterans protect their rights and secure the benefits they deserve. If you have any questions or need assistance with your VA benefits, do not hesitate to contact us for a free consultation.