VA benefits are a critical component of many veterans’ lives. It can help them have financial stability and receive any necessary healthcare. But, what happens if a veteran receiving benefits becomes incarcerated? Do those benefits stop altogether, or are there still ways to receive support?
At Tabak Law, we know that life doesn’t always go as planned. Veterans who find themselves in jail or prison often have many questions about what happens to their VA disability compensation or pension benefits. In this blog, we break it down so veterans in this situation know what to expect.
Why Incarceration Affects VA Benefits
The Department of Veterans Affairs has specific rules set in place for veterans in situations like incarceration for a felony or misdemeanor. These rules apply to federal, state, and local custody.
If a veteran is receiving VA disability compensation and is incarcerated for over 60 days for a felony, the benefits usually will not be taken away, but instead limited. Here is an example of what this could look like:
- If you were rated 20% or more, you’ll be reduced to the 10% rate.
- If you were rated 10%, your compensation would be cut in half.
For example, if you were receiving $1,500 a month for a 50% disability rating, that amount would drop to the 10% rate (about $171 per month as of current rates) after 60 days.
For VA pension benefits, payments are stopped altogether after 60 days of incarceration.
Can a Family Member Receive the Reduced Benefits?
In certain cases, the amount of benefits that’s withheld because of incarceration can be paid to your spouse, children, or dependent parents. This is called an “apportionment.” Apportionment is something that families should try to take care of as soon as they can after a family member receiving benefits becomes incarcerated. It can be helpful to work with a VA attorney to help with applying for apportionment.
Read More: The Impact of Divorce on VA Disability Benefits
What About After Release?
Here’s where timing matters.
Once you’re released, you can request that your full VA benefits be reinstated. You or someone acting on your behalf should notify the VA immediately after release and provide proof, such as official release documents. The VA will then work on restoring your previous payment level.
Keep in mind, the process isn’t automatic, you have to take that step to alert the VA.
Can You Still Get Medical Care from the VA?
Many veterans believe they will still be eligible for VA medical services while incarcerated. However, the VA cannot provide medical care inside a jail or prison. That means you’ll need to rely on the facility’s healthcare services while you’re there. This changes once the veteran is released. Once a veteran is released, they can turn back to the VA for medical care. They’ll still have access to VA hospitals, clinics, and other services that have been part of their care in the past.
What Should You Do If You’re Facing Incarceration?
If you’re a veteran and you know jail time might be ahead, we know it can feel overwhelming. But one of the smartest moves you can make is to let the VA know as soon as possible. Why does this matter? It helps prevent overpayments that could turn into debts later, and it gives you and your family time to understand what to expect and how to prepare. A little planning now can make a big difference down the road.
Supporting You Through Every Step
At Tabak Law, we understand that life doesn’t always go as planned, and that shouldn’t get rid of the service and sacrifice you’ve made. We’re here to help veterans and their families understand the ins and outs of VA benefits, from figuring out reduced payments to helping get those benefits fully restored after release.
If you or a loved one has questions about how incarceration might affect your VA benefits, don’t hesitate to reach out. We’re here to listen, guide, and help you move forward. Contact Tabak Law today.