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What happens to a veteran's benefits if he/she is incarcerated? The following is a summary of how imprisonment affects veterans benefits:
Can A Veteran Receive VA Benefits While In Prison?
VA can pay certain benefits to veterans who are incarcerated in a Federal, state or local penal institution. However, the amount we can pay depends on the type of benefit and reason for incarceration. This fact sheet provides information about the benefits most commonly affected by imprisonment.
How Will Your Imprisonment Affect The Payment Of:
VA Disability Compensation?
Your monthly payment will be reduced beginning with the 61st day of your imprisonment for a felony. If your payment before you went to prison was $201 or more, your new payment amount will be $104. If you were getting $104 before you were imprisoned, your new payment will be $52.
Note: If you are released from incarceration - participated in a work release or half-way house program, paroled, and completed sentence, your compensation payments will not be reduced.
VA Disability Pension?
If you are imprisoned in a Federal, State or local penal institution as the result of conviction of a felony or misdemeanor, such pension payment will be discontinued effective on the 61st day of imprisonment following conviction.
Are You Eligible For VA Medical Care While Imprisoned?
While incarcerated veterans do not forfeit their eligibility for medical care, current regulations restrict VA from providing hospital and outpatient care to an incarcerated veteran who is an inmate in an institution of another government agency when that agency has a duty to give the care or services.
However, VA may provide care once the veteran has been unconditionally released from the penal institution. Veterans interested in a
Can Your Spouse, Children Or Dependent Parent(s) Receive Any Of The Money Not Paid To You Because Of Imprisonment?
VA can take all or part of the amount of compensation you are not receiving and apportion it to your spouse, child or children and dependent parents on the basis of individual need. They should contact the nearest VA regional office for details on how to apply. They will be asked to provide income information as part of the application process.
Will Your Benefits Be Automatically Resumed When You Get Out Of Prison?
Your award for compensation or pension benefits shall be resumed the date of release from incarceration if the Department of Veterans Affairs receives notice of release within 1 year from following release. Depending on the type of disability, VA may schedule you for a medical examination to see if your disability has improved. You will need to visit or call your local VA regional office for assistance.
For more information call toll-free 1-800-827-1000, or visit the VA website.
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768.21 Damages.—All potential beneficiaries of a recovery for wrongful death, including the decedent's estate, shall be identified in the complaint, and their relationships to the decedent shall be alleged. Damages may be awarded as follows:
(1) Each survivor may recover the value of lost support and services from the date of the decedent's injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor's relationship to the decedent, the amount of the decedent's probable net income available for distribution to the particular survivor, and the replacement value of the decedent's services to the survivor may be considered. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent and the period of minority, in the case of healthy minor children, may be considered.
(2) The surviving spouse may also recover for loss of the decedent's companionship and protection and for mental pain and suffering from the date of injury.
(3) Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. For the purposes of this subsection, if both spouses die within 30 days of one another as a result of the same wrongful act or series of acts arising out of the same incident, each spouse is considered to have been predeceased by the other.
(4) Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.
(5) Medical or funeral expenses due to the decedent's injury or death may be recovered by a survivor who has paid them.
(6) The decedent's personal representative may recover for the decedent's estate the following:
(a) Loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered:
1. If the decedent's survivors include a surviving spouse or lineal descendants; or
2. If the decedent is not a minor child as defined in s. 768.18(2), there are no lost support and services recoverable under subsection (1), and there is a surviving parent.
(b) Medical or funeral expenses due to the decedent's injury or death that have become a charge against her or his estate or that were paid by or on behalf of decedent, excluding amounts recoverable under subsection (5).
(c) Evidence of remarriage of the decedent's spouse is admissible.
(7) All awards for the decedent's estate are subject to the claims of creditors who have complied with the requirements of probate law concerning claims.
(8) The damages specified in subsection (3) shall not be recoverable by adult children and the damages specified in subsection (4) shall not be recoverable by parents of an adult child with respect to claims for medical negligence as defined by s. 766.106(1).
History.—s. 1, ch. 72-35; s. 2, ch. 81-183; s. 1, ch. 85-260; s. 2, ch. 90-14; s. 1169, ch. 97-102; s. 1, ch. 2002-44; s. 66, ch. 2003-416.
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