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  • 14 Questions about VA Disability Compensation Benefits Claims

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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killemall

Domestic Violence And Compensation

Question

I was recently found guilty of domestic violence. There was no jail time. Just two years probation. I am a police officer so my job has already asked me to resign. I refused so they are processing paperwork to fire me.

I am currently 40% disabled through the VA and also currently using the post 911 gi bill.

Will my domestic violence conviction in any way hinder my compensation or gi bill?

Thank you

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Your case is State level, not federal, so no it wont affect you. Sorry to hear you broke down to committing a bad act. Too many vets going thru so much, and we don't have much patience with people these days. I am not a violent person, but sometimes I wish that I could just hit something. Good luck to you and your family. Sorry for your misfortunes, but you know what you need to do to take care of business.

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If incarcerated, your compensation amount decreases to 10% ($125.00/mo.) for the duration of your incarceration. Once released, your compensation checks return to normal. If married or separated, you will be subject to apportionment for the spouse and/or dependents. Unless you have medically improved, your compensation will not decrease. Unless you engaged in fraud to obtain your VA comp., your rating(s) are never in danger. You must use your GI bill benefits within twelve years of separation. Your VA loan is never impacted if discharged under honorable conditions.

With that said, VA regularly tries to reduce ratings-sometimes without engaging in a C&P to determine so. This is touchy law. If you have a rating that can be reduced without changing (lowering) the amount of your compensation, VA will do it. See 38 CFR 3.105 (e). It is important for the way it is phrased. Parse paragraph (e) two or three times and you'll see it.

Where the reduction in evaluation of a service-connected disability or employability status is considered warranted and the lower evaluation would result in a reduction or discontinuance of compensation payments currently being made, a rating proposing the reduction or discontinuance will be prepared setting forth all material facts and reasons.

Notice the obverse of the wording....And the lower evaluation would not result in a reduction of compensation payments. If reducing a rating from say, 40% to 20% still does not result in a net loss of compensation percentage, VA can reduce the rating with NO C&P because you have not been financially "harmed". Beware of this old trick.

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