Veterans facing the criminal justice system may be worried about the impact on their VA disability benefits. Depending on the circumstances, the VA may reduce their disability benefits, but never take them away completely. Read on to learn more about how VA disability works for veterans who are in jail or have been convicted of a felony.
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In this article about VA benefits after arrest or incarceration:
Veterans and the criminal justice system
Some veterans may find themselves needing more information about what will happen to their VA benefits if they are arrested or charged with a crime. The VA refers to such veterans as “justice-involved.”
In 2016, the U.S. Department of Justice estimated over 100,000 veterans were incarcerated, making up about 8% of the incarcerated population in state prisons in the U.S.
Some of these cases can be linked to disabilities or challenges related to the veteran’s military service, such as PTSD, traumatic brain injury (TBI), and substance use disorders. These conditions increase the likelihood of facing legal issues. For example, people with TBI are 59% more likely to be involved with the justice system.
Veterans experiencing homelessness are also at a higher risk of encountering the justice system. Around 30% of incarcerated veterans have experienced homelessness, which is five times the rate found in the general prison population.
Do you still get VA disability in jail?
Incarcerated veterans can still receive VA disability benefits, but the amount of compensation depends on the length of the sentence and the type of conviction.
If a veteran is incarcerated for a felony, with a sentence of more than 60 days, the VA will reduce their compensation. Veterans with a rating of 20% or higher will have their payments reduced, receiving the same monthly amount as someone with a 10% disability rating, and veterans with a 10% rating will receive half of their usual payment.
Additionally, during a veteran’s time in jail, their family members, such as spouses or children, may be eligible to receive a portion of the veteran’s benefits through apportionment.
If the veteran is incarcerated for a misdemeanor, the VA will not reduce their disability compensation, even if they serve time for more than 60 days. Veterans in work-release programs, halfway houses, or under community control will continue to receive their full VA disability benefits.
Once a veteran is released from incarceration, they are eligible to have their full VA disability compensation restored.
Can you lose VA benefits if convicted of a felony?
Although incarceration has the potential to reduce VA disability benefits, having a felony on your record does not bar you from benefits. The VA will temporarily reduce payments to veterans who are currently in prison for more than 60 days for a felony, but the VA will typically reinstate full benefits after the veteran is released.
Felony convictions also do not prevent veterans from applying for VA benefits in the future.
The only exception is for veterans labeled as a “fugitive felon,” meaning they have fled prosecution or violated probation or parole. The VA will withhold these veterans’ benefits until their legal status is cleared.
If a veteran is convicted of a felony and will be incarcerated, they should tell the VA as soon as possible. Otherwise, they may end up receiving more money than the reduced amount they are due. Those extra payments would be owed back to the VA after their release.
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Resources for veterans with felonies
Several programs exist to help veterans facing incarceration. Programs like the VA’s Health Care for Re-entry Veterans (HCRV) focus on assisting veterans during and after incarceration by providing resources and support to prevent homelessness and guide reintegration into society.
The VA’s Veteran Justice Outreach (VJO) initiative helps justice-involved veterans access mental health care, substance use treatment, and other services aimed at reducing further involvement with the criminal justice system.
Again, a felony on your record also does not prevent you from applying for or receiving a full range of VA benefits after incarceration, including healthcare, disability, pensions, loans, education benefits, and more. Veterans can have any benefits they received prior to their incarceration reinstated upon release by notifying the VA.
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Frequently asked questions
If a veteran is incarcerated for a felony, with a sentence over 60 days, the VA will reduce their compensation. Veterans with a rating of 20% or more will receive the same monthly amount as someone with a 10% disability rating, and veterans with a 10% rating will receive half of their usual payment. These reduced payments will last the length of their time in prison.
If the veteran is incarcerated for a misdemeanor, the VA will not reduce their disability compensation. Veterans in work-release programs, halfway houses, or under community control also continue to receive their full VA disability benefits.
Once a veteran is released from incarceration, they are eligible to have any VA benefits they received prior restored. Notifying the VA of your release can ensure a quicker recovery of your benefits.
Neil Woods
Neil Woods is a VA disability attorney and the owner and president of Woods & Woods. He received his law degree from Western Michigan University.
