The U.S. Department of Veterans Affairs (VA) made it its mission to always show support to Veterans no matter what. This is proven even in the face of challenges that may lead to a Veteran being convicted of a felony and possibly facing jail time. Veterans may continue to receive VA disability benefits and other forms of benefits while incarcerated, although these may be diminished based on the seriousness of the offense.

The benefits assigned to incarcerated Veterans may often be available to their spouses, dependents, or relatives. These benefits could still include pension payments, education benefits, and disability compensation, among others.

Benefits for Incarcerated Veterans

An estimated 8% of 2.2 million people incarcerated in jails are Veterans, and all of them are still within their rights to get the benefits they are entitled to. It may be diminished, but they are still eligible for VA benefits depending on the type they’re getting and the reason for their incarceration.

Pension Benefits

Veterans detained for less than 60 days will continue to receive their pension benefits. The VA will stop making pension payments after the 61st day of detention and will not give the Veteran pension benefits until they are freed from jail or prison.

The Veteran must then fulfill the requirements set by the VA to be eligible to receive pension benefits after being released from prison. It is the Veteran's responsibility to inform the VA’s office of any felony or misdemeanor convictions to prevent overpayments. Fines and the suspension of all other VA benefits may follow if the Veteran fails to notify the VA about it.

Disability Compensation

Veterans will still be eligible to receive their disability compensation benefits as usual. However, the Veteran's benefits will be diminished for the balance of their jail period if the sentence exceeds 60 days. For the balance of their term, Veterans having a disability rating of 20% or more will have that figure lowered to 10%. Their disability compensation's monetary worth will be significantly affected by this.

Veterans will have their monthly benefits slashed in half if their disability rating is determined to be equal to or less than 10% debilitating. Veterans can petition the VA to have their benefits reinstated in full after being released from a federal, state, or local correctional facility.

Incarcerated Veterans will also not have their disability compensation benefits lowered if they are under community control, live in a halfway home, or serve their sentence in a work-release program. Their payments will continue as usual as long as they continue to stay in these programs.

Education Benefits

Unfortunately, a Veteran who has been found guilty of a felony and given a prison sentence will no longer be eligible to receive full monthly benefits. The U.S. Department of Veterans Affairs will continue to make payments that are only to be used for tuition costs, fees, and things necessary for higher education.

It will continue that way as long as the Veteran is not receiving aid from an additional federal, state, or local organization.

Apportionment to Spouse or Children

The spouse, dependent parents, and children of incarcerated Veterans may receive all or a portion of the compensation, depending on their specific needs. When assessing individual needs, these are the things that will be taken into account:

• The claimant's income and living expenses
• The amount of compensation that can be distributed
• The requirements and living expenses of other claimants
• Any special needs of all claimants

Here are additional details that the claimants/dependents should know:

• When a Veteran's benefits are reduced, the VA will notify them of their dependents' right to an apportionment and the circumstances under which they can restart receiving payments after being released from prison.
• If the VA knows the dependents exist and can get their addresses, the VA will also inform them of their entitlement to an apportionment.
• No apportionment may be made to or on behalf of any individual detained for a felony conviction in a federal, state, or local correctional institution.

Suggested reads:

• Veterans Benefits for Spouses: What They Are & How to Get Them
• A Veteran's Guide to Understanding VA Priority Groups and Eligibility
• 5 Ways to Build Wealth With Military Pension & VA Disability

Sources:

• Benefits for Incarcerated Veterans
• Incarcerated Veterans
• Do Felons Lose Veteran’s Benefits?