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Aide & Attendance And Incarceration


roses15534

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While both VA disability compensation and VA disability pension are related to disability, (insert brief description of both) ...

While there are other criteria, the following covers the high points.

VA disability compensation is based on a disability that resulted from service or some event that occurred in service. VA comp ranges from $0 to >$2,000 (0-100%) , with additional monies called Special Monthly Compensation for higher degrees of disability. VA comp is not based on or limited by the veteran's other incomes.

VA disability pension is based on overall disability. However, the disabilities do not have to be related to anything that occurred to the vet while in service. VA pension has been compared to welfare. The maximum VA pension is in the $1,000-1,500 range, and is limited or offset by the veteran's other incomes. Additional amounts may be payable as "Special Monthly Pension", A&A being one of them. Again, the important time is 61 days. There is no statutory minimum payment during incarceration.

Please note that SMP-A&A is way, way different than SMC-A&A.

The rules for incarceration and VA compensation are at 38 CFR 3.655 http://ecfr.gpoacces....73.214&idno=38 . As noted, if the incarceration is longer than 61 days, the compensation payable is limited to the 10% level per 38 USC Section 1114(a) http://us-code.vlex....sation-19233414 .

The rules for incarceration and VA pension are at 38 CFR 3.666 http://ecfr.gpoacces....73.215&idno=38 .

The veteran is supposed to notify the VA if the incarceration will be for more than 61 days. If there is an over-payment because the veteran did not notify the VA, the VA will recoup the over-payment from future benefits. There is a periodic crosscheck between the VA and some penal system database.

There ... was that enough for you?

my position is other and we are talking about A&A special monthly Compensation but could you explain both please

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  • 1 year later...

There are professionals who can help you deal with some of these issues and don't charge for it. If you want the link for their website, let me know. They are very thorough and will walk you through everything step by step.

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  • 3 weeks later...

I was just wondering I am a Correctional Officer who is a retired Marine with 100% P&T and I know there are inmates collecting monies from VA.

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  • HadIt.com Elder

"I am a Correctional Officer who is a retired Marine with 100% P&T and I know there are inmates collecting monies from VA."

There is a problem in this situation. Something about upholding the law, etc.

That aside, It would not surprise me that such things occur, and even that there may be large numbers of improper payments by the VA.

It's also doubtful that you might profit/benefit in any real way from exposing the schemes, even if you could find out the details.

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  • 2 weeks later...

I am not looking to profit/benefit in any real way from exposing the schemes I just want the satisfaction that the convicts won't get away with getting VA monies while incarcerated. They are to report this so when they get caught they owe all the money back to VA.

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  • HadIt.com Elder

Felons who are locked up for years should not be collecting VA benefits behind walls. Maybe they do get 10%, but no 100% that's for sure. The state or federal govt. is already taking care of them so to speak. I have heard of inmates getting IRS refunds.

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