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United States Code, Title 38, Section 5301, Non assignability and exempt status of benefits, reads in part;
Payment of benefits due or to become due under any law administered by the secretary shall not be assignable except to the extent specifically authorized by the law, and such payments made to, or on a account, of a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatsoever, either before or after receipt by the beneficiary.
It is my understanding that a veteran's service-connected disability compensation is intended to financially compensate a military veteran disabled in the line of duty. This compensation is not an asset or property and should not be used to calculate a veterans net worth. Disability compensation is awarded to a veteran that has lost some/all physical or mental ability to work, or maintain a daily routine. Veteran's disability compensation is tax exempt and is not classified "income" by the IRS. VA disability compensation is non-transferable and cannot be awarded to a third party under any legal process whatsoever. Even after the veteran has deposited these funds into their personal bank account they are federally protected from attachment or seizure. Disability compensation belongs solely to the disabled veteran that has suffered the disability and therefore should not be used to calculate income.VA monetary benefit entitlements with are generally based on either the veterans disability or wartime service from service-connected injury or disease. Compensation is generally not considered remuneration (payment) for employment.
However, the Social Security Act and the statutes governing benefit payment by the Department of Veterans Affairs do provide for processes by which dependents may obtain financial support from veterans' benefits under certain circumstances. Department of Veterans Affairs has issued regulations pursuant to 38 U.S.C. 5307 that provide for an apportionment of VA benefits between the veteran and his/her dependents under certain circumstances. VA regulations at 38 CFR Section 3.450(a)(1)(ii) provide that, if the veteran is not residing with his or her spouse, or if the veteran's children are not residing with the veteran and the veteran is not reasonably discharging his or her responsibility for the spouse's or children's support, all or any part of the veteran's pension, compensation, or emergency officers' retirement pay may be apportioned.
I would look for a organization call "Operation Firing for Effect" They are fighting to support Veterans rights and have been dealing with such cases. Their website is http://www.offe2008.org/. I hope that answers your question.
What else can I help you with?
Is veterans affairs disability used for child support in New York?
yes
What services does the US Department of Veterans Affairs provide?
The US Department of Veterans Affairs provides a wide range of services to veterans, including healthcare benefits, disability compensation, education and training programs, home loans, insurance programs, and burial benefits. They also offer mental health services, rehabilitation programs, vocational assistance, and support for homeless veterans. The VA plays a crucial role in supporting and honoring the nation's veterans through these comprehensive services.
What is Veterans administration?
The Veterans Administration, now known as the U.S. Department of Veterans Affairs (VA), is a government agency responsible for providing a range of services and benefits to military veterans. These services include healthcare, disability compensation, education assistance, and housing support. The VA aims to honor and support those who have served in the armed forces by ensuring they receive the necessary care and resources after their service. Established in 1930, the agency plays a crucial role in addressing the needs of veterans and their families.
Are American veterans allowed to talk about what happen in the war?
Can child support laws take money from service connected veteran disability pay
Does any other country have veterans hospitals?
Yes, many countries have veterans hospitals or similar facilities dedicated to providing healthcare and support services to military veterans. For example, Canada has Veterans Affairs Canada, which offers various health services, while the United Kingdom has the National Health Service (NHS) that provides care to veterans. Australia also has the Department of Veterans' Affairs, which operates hospitals and provides healthcare to former military personnel. These institutions aim to address the specific medical and psychological needs of veterans.
What do war veterans receive from the American government if they are still alive?
War veterans in the United States may receive a variety of benefits from the government, including healthcare services through the Department of Veterans Affairs (VA), disability compensation for service-related injuries, and pension benefits for those with low income. They also have access to vocational rehabilitation and employment services, education benefits such as the GI Bill, and home loan assistance. Additionally, veterans can receive support for transitioning to civilian life through various programs and resources.
What is a VACP Treasury Benefit Compensation?
The VACP Treasury Benefit Compensation refers to the compensation package associated with the Veterans Affairs Compensation Program (VACP), which provides financial benefits to veterans with service-connected disabilities. This compensation is funded by the U.S. Treasury and aims to support veterans in their transition to civilian life by offering financial relief for various hardships. It includes monthly payments based on the severity of the disability, as well as potential additional benefits for dependents and specific needs.
Can disabled veterans VA compensation or his social security disability insurance be divided in divorce?
VA disability compensation should NOT be included in the calculations as income for either spousal and child support. It is completely a separate property asset that is not divisible.
What is veteran affairs ppd payment?
Veterans Affairs (VA) PPD payment, or the "Per Diem Payment for Disabled Veterans," refers to financial assistance provided to veterans for certain expenses related to their healthcare and living arrangements. This payment typically supports veterans who require assistance with daily activities due to service-connected disabilities. The PPD helps cover costs associated with long-term care, such as nursing homes or in-home care, ensuring that veterans receive the necessary support to maintain their quality of life.
Can veterans disability checks be taken in a civil lawsuit?
In general, veterans disability benefits are protected from being seized in civil lawsuits under federal law. This means that these benefits cannot typically be garnished or used to satisfy a judgment. However, there may be exceptions related to certain obligations, such as child support or alimony, where courts can mandate the use of these funds. It's always advisable for veterans to consult with a legal expert for guidance specific to their situation.
Can VA disability income be attached in a civil matter?
VA disability income is generally protected from attachment or garnishment in civil matters. This protection is established under federal law, which states that veterans' benefits, including disability compensation, cannot be seized to satisfy debts. However, there may be exceptions in certain situations, such as for child support or alimony obligations. It's advisable for veterans to consult with a legal expert to understand their specific circumstances.
Why was the veterans bureau established?
The Veterans Bureau was established in 1921 to consolidate and manage various veterans' services and benefits, which had previously been handled by multiple agencies. Its primary goal was to provide comprehensive care and support to returning World War I veterans, addressing their needs for medical care, rehabilitation, and financial assistance. The bureau aimed to improve the efficiency and effectiveness of services available to veterans, ultimately leading to the establishment of the U.S. Department of Veterans Affairs in 1989.
