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.

Reach out to James R. Comerford online or call today at 312-863-8572 to discuss your options.

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.

Types of Criminal Charges and Their Effects

The impact of criminal charges on VA Disability Benefits varies significantly depending on the nature of the offense and the resulting penalties. Understanding these distinctions is critical for veterans facing legal issues.

Felony Convictions

Felony convictions carry the most severe consequences regarding VA Disability Benefits. If a veteran is incarcerated for more than 60 consecutive days following a felony conviction, the VA is required by law to reduce or suspend disability payments. This reduction remains in effect for the entire incarceration period. However, veterans’ dependents may be eligible to receive some portion of the compensation during this time. Once the veteran is released, benefits are typically reinstated without penalty for the period of incarceration.

Misdemeanor Convictions

Misdemeanor offenses generally do not trigger automatic reductions in disability benefits. However, if the sentence includes imprisonment lasting longer than 60 days, the VA may reassess and potentially reduce payments during incarceration. The VA’s evaluation considers the length of confinement rather than the severity of the charge alone. Short-term detentions or probation without jail time usually do not affect benefits.

Pretrial Detention

Veterans held in pretrial detention face uncertain effects on their disability benefits. While not officially convicted, prolonged detention—especially beyond 60 days—can lead to temporary suspension or reduction of payments. The outcome of the trial is also relevant: if the veteran is acquitted or charges are dropped, benefits are reinstated, often retroactively. Legal advice is crucial here, as the rules can be nuanced and vary case-by-case.

Examples of Criminal Charges Impacting Benefits

DUI/DWI Convictions

Driving under the influence or driving while intoxicated charges frequently result in incarceration if convicted. When imprisonment exceeds 60 days, benefits may be temporarily reduced. The VA treats DUI/DWI as serious offenses primarily because of the incarceration duration, not the charge itself.

Drug-Related Offenses

Felony drug charges, including possession, distribution, or manufacturing, typically involve significant jail time. Veterans incarcerated for these offenses face the same benefit reduction rules as other felony convictions. The loss of benefits during incarceration applies regardless of whether the drug offense is related to the veteran’s service or medical condition.

Domestic Violence

Domestic violence charges can carry felony or misdemeanor classifications, but felony convictions often result in lengthy jail terms. When a veteran is imprisoned for more than 60 days due to domestic violence, disability benefits are reduced or suspended. This reduction persists throughout the incarceration period and resumes only after release.

Other Relevant Charges

Certain other offenses — such as theft, assault, or fraud — can also impact benefits if they lead to incarceration beyond the 60-day threshold. The key factor is the length and nature of the confinement, not necessarily the crime category itself. Veterans should be aware that any jail time exceeding two months risks a temporary loss of disability compensation.

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.

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.

Reach out to James R. Comerford online or call today at 312-863-8572 to discuss your options.

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