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What Happens to My VA Benefits If I Am Incarcerated?

 Posted on February 09,2023 in Criminal Defense

Stamford criminal defense attorneyFacing criminal charges can happen to anyone. When this happens, it is understandable to feel overwhelmed and stressed about how a conviction could impact your future, especially when it comes to finances. If you are a veteran who is receiving VA benefits, you may be worried that you could lose your benefits over the whole situation.

In the best-case scenario, the charges against you will be dismissed or you will be found not guilty. But it is important to understand the impact if the outcome of your case ends up with a conviction.

Do You Lose Your Benefits If You Go to Jail?

If you are found guilty of the charges and the court sentences you to jail time, you will not lose your VA benefits, however, there could be a reduction in the amount you receive. Two factors that affect the amount you receive are if you are convicted and you are sentenced to jail or prison for 61 days or longer.

That reduction will depend on what your current disability rating is:

  • If your current disability rating is 10 percent, your benefit will be reduced by 50 percent.
  • If your current disability rating is 20 to 39 percent, your benefit will be reduced to the 10 percent rate.
  • If your current disability rating is 40 percent, your benefit will be reduced to the 20 percent rate.

Once you have completed your sentence and you are released from jail or prison, your benefits will be reinstated to the amount you were receiving prior to your sentence as long you still meet the requirements of eligibility.

How Are VA Pensions Addressed

If you are receiving a VA pension and are sentenced to jail or prison, your pension will be terminated after the 60th day of your sentence. It is important you notify the Veterans Administration (VA) and let them know you are being incarcerated. If you fail to do so and continue to receive payments, the VA will consider those payments as overpayments and terminate your pension until those funds are repaid.

Although your pension may be reinstated once you are released, you will need to contact the VA and make sure you are still eligible.

Contact a Stamford, CT Defense Attorney

Do not leave your defense to chance. If you have been charged with a crime, call Law Offices of Daniel P. Weiner at 203-348-5846 to schedule a free consultation with one of our dedicated Fairfield County criminal lawyers. We will do all we can to get you the best outcome possible based on the circumstances of your situation.



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