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August 5, 2010 - Current law provides that when low-income veterans' income rises above a certain level, those veterans lose their pensions. For many, this is their only means of survival. Veterans have been complaining to the Department of Veterans Affairs (VA) that certain types of income should not be used in determining veterans' total income. The House Veterans' Affairs Committee's Disability Assistance Panel recently passed the Veterans' Pensions Protection Act of 2010 (HR 4541), which expands two situations where a veteran receiving certain income would not have that money count towards veterans' income determining pension eligibility:
If voted into law, the bill would create new rules for how income is determined for purposes of federal VA pensions. The new rule, however, also leaves some things open to determination. Essentially, if a veteran receives payment for reimbursement, replacement, or repair relating to an accident or theft, that money will not count as income provided the amount is not excessive. Further, veterans may receive payment for their pain and suffering but it will ultimately be left up to the VA to determine what amount would be an acceptable threshold. Finally, veterans may accept state and/or local veteran pensions as long as no more than $5,000 is paid due to injury or disease.
The House discovered a way to pay for this change making it more likely the bill will be voted into law. The VA currently verifies veterans' incomes via IRS records to reduce fraud. The authority granted the VA to do this will expire on Sept. 30, 2011. The House proposes to continue this practice until Sept. 30, 2015.
Despite this, it is very unlikely this bill will become law without help. For this reason, it will likely be rolled into a bigger conglomeration of legislation for veterans to be voted on this fall. If passed, the changes would begin on Oct. 1, 2011.
Soldiers can return home with a number of conditions, injuries, and aggravated preexisting conditions. If you believe you have a service-connected physical or psychological injury you may be entitled to Veterans’ Disability Compensation.
At LaVan and Neidenberg, we are determined to secure veterans their rightful disability compensation and disability rating. We wrote this book for you! In it you will find valuable tips on how to navigate the claims process and avoid common pitfalls. Request your FREE copy today!
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