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Incarcerated Veterans with Service-Connected Disability

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Veterans with service-connected disabilities, treated or untreated, are frequently in conflict with the justice system. What services are available to veterans who are under threat of incarceration, and what happens to VA benefits when a veteran is incarcerated?

The VA has a program called Veterans Justice Outreach Program. It is part of the homeless prevention initiatives, but veterans do not have to be homeless to receive services. The goal of the program is to provide mental health and substance abuse services to veterans who are involved with the justice system, to avoid unnecessary criminalization of mental illness.

There is also a program called HCRV, Health Care Re-entry for Veterans. This program is designed to reduce homelessness among veterans leaving prison. This program involves giving veterans information while incarcerated about how to plan for their re-entry.

VA pays disability and pensions. They are treated differently when incarcerated. Disability payments for those at the 20% or higher level are reduced to the 10% level. Those at 10% have their payment reduced by 50%. These reductions occur if a veteran is convicted of a felony and imprisoned for more than 60 days. Pensions are terminated on day 61 of imprisonment for a felony or misdemeanor.

For both programs, veterans have to reapply for benefits upon release and meet eligibility requirements again. There is a program that allows disability payments to be apportioned to a spouse, dependent parent, or child during incarceration. It’s not automatic; the eligible family member needs to apply.

The compensation is not stopped for work-release programs, community control, or halfway houses. 

For more information on psychiatric disability & veterans, please contact us.

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"After several years of struggling with the VA and not much to show for it but frustration, your law group was a sign of relief. You guys reduced the level of stress significantly, knowing that I finally had someone on my side who understood how to work/deal with the VA system."

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