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VA Compensation & Pension Benefits Overview: What They Are and How They Differ

Posted by: Walter Schmidt, VSO CPA CTM on 2/22/2008 at 08:49 AM

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VA Compensation & Pension Benefits Overview: What They Are and How They Differ

The VA’s (“Department of Veterans Affairs”) VBA (“Veterans Benefits Administration”) provides benefits and services to veterans and their families. The VBA webpage begins at (http://www.vba.va.gov/) - with its Compensation & Pension Benefits pages at (http://www.vba.va.gov/bln/21/) and its “Fact Sheets” at (http://www.vba.va.gov/benefit_facts/index.htm).

In general, and remember there are always exceptions, service member compensation is tax-free and income independent, while service member pension is based on income and is taxed; both compensation and pension are paid for ‘general’ and special purposes in a variety of categories.

Compensation Programs

There are two types of compensation payments.

- Compensation: provides monthly payments to veterans in recognition of the effects of disabilities, diseases, or injuries incurred or aggravated during active military service. They also may provide monthly payments to surviving spouses, dependent children and dependent parents. Eligibility criteria, see 38 CFR §3.4 (http://www.vba.va.gov/bln/21/Benefits/#BMC).

- Special Monthly Compensation (SMC): is a rate paid in addition to or in place of compensation. To qualify, a veteran must be disabled beyond a combined degree percentage or due to special circumstances (i.e., the need for third party assistance, loss of use of one hand, etc.). Eligibility criteria, see 38 CFR §3.350 and 38 U.S.C. §1114 (http://www.vba.va.gov/bln/21/Benefits/#BMS).

There are three basic compensation payment categories.

Disability Compensation: paid to a veteran because of injuries or diseases that happened while on active duty, or was made worse by active military service. The benefits are tax-free and income independent. You may be eligible if you have a service-related disability and were discharged under other than dishonorable conditions. The amount of basic benefit paid in 2006 ranges from $112 to $2,393 per month. You may be paid additional amounts if you have very severe disabilities or loss of limb(s), or you have a spouse, child(ren), or dependent parent(s), or you have a seriously disabled spouse (http://www.vba.va.gov/benefit_facts/Service-Connected_Disabilities/English/Compeg_0107.doc).

DIC (“Dependency & Indemnity Compensation”): paid monthly to eligible survivors of a Military service member who died while on active duty, or whose death resulted from a service-related injury or disease, or whose death resulted from a non service-related injury or disease, and who was receiving, or was entitled to receive, VA Compensation for service-connected disability, as defined. The basic monthly rate of DIC in 2006 is $1,033 for an eligible surviving spouse (http://www.vba.va.gov/benefit_facts/Dependents_and_Survivors/English/DICeg_0108.doc).

Parents’ DIC: income-based monthly benefit for the parents of a military service member or veteran who died from a disease or injury incurred or aggravated while on active duty or active duty for training, or an injury incurred or aggravated in line of duty while on inactive duty for training, or a service-connected disability. The term “parent” includes biological, adoptive, and foster parents. Annual rates paid in 2006 ranged to a maximum of $9,372. Rates are reduced based on the countable income of the parents. When countable income exceeds the limit set by law, no benefit is payable. Eligible parents must report all sources of income to VA. The income limits for 2006 ranged from $12,034 to $16,176 (http://www.vba.va.gov/benefit_facts/Dependents_and_Survivors/English/ParentsDICeg_0907.doc).

Pension Programs

There are two types of pension payments.

- Pension: provides monthly payments to needy wartime veterans who qualify and are disabled as a result of disability not related to military service. They may also provide monthly payments to needy surviving spouses & dependent children (http://www.vba.va.gov/bln/21/Benefits/#BMP).

- Special Monthly Pension (SMP): is paid to qualified veterans who need third party assistance (http://www.vba.va.gov/bln/21/Benefits/#BMS).

There are two basic pension payment categories.

Disability Pension: paid to wartime veterans with limited income who are no longer able to work. You may be eligible if you were discharged from service under other than dishonorable conditions, and you served 90 days or more of active duty with at least 1 day during a period of war time. However, anyone who enlists after 9/7/80 generally has to serve at least 24 months or the full period for which a person was called or ordered to active duty in order to receive any benefits. Your countable family income must be below a yearly limit to receive any benefit. For 2006 the basic yearly limit ranged from $10,579 to $20,974. VA pays you the difference between your countable family income and the yearly income limit which describes your situation. This difference is generally paid in 12 equal monthly payments (http://www.vba.va.gov/benefit_facts/Limited_Income/English/Pensioneg_0108.doc).

Death Pension: paid to eligible dependents of deceased wartime veterans. You may be eligible if: the deceased veteran was discharged from service under other than dishonorable conditions, and he or she served 90 days or more of active duty with at least 1 day during a period of war time. However, anyone who enlists after 9/7/80 generally has to serve at least 24 months or the full period for which a person was called to active duty in order to receive any benefits. Your countable family income must be below a yearly limit to receive any benefit. For 2006 the basic yearly limit ranged from $7,094 to $13,529. VA pays you the difference between your countable income and the yearly income limit which describes your situation. This difference is generally paid in 12 equal monthly payments (http://www.vba.va.gov/benefit_facts/Dependents_and_Survivors/English/DeathPensioneg_0108.doc).

--- Regards, Walt Schmidt

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  • Mario C. Binuya wrote on Aug 4, 2008 at 1:07 PM
    am i supposed to be receiving disability compensation checks? when i retired in the navy in june i994 i was rated 20% in disability, then get reevaluated feb, of 2006 at 40%. according to this paper work that i received dated feb 8 2006, i'm supposed to be receiving disability compensation checks every month, which i never did. please advice...
  • Walter Schmidt, VSO CPA CTM wrote on Aug 5, 2008 at 11:01 AM
    Your local contact, with whom your paperwork was processed, shouuld be helping you. And, 're-evaluation' paperwork ALWAYS explains what you are, or are not, to receive. So I'm not sure why you don't already know the answer to your question. That said, yes, a rating of 10% or more receives a monthly stipend. Get in touch with those from the 'local office' with whom you processed your paperwork and let them know you are not receiving checks. Then let us know what they said!`
  • Christine wrote on Aug 12, 2008 at 10:23 AM
    How long after submittting all paperwork and completing the dr appts, should it take for a decision to be made? I had my thyroid removed while enlisted and my claim seems cut and dry to me and the drs all agreed that my case was simple, but it has been months and no activity has gone on with my claim. I understand things move slow...but even this seemed a little too slow. Any advice? I call once a week to see if there is a status change and to ensure nothing else is needed. Thanks for any help provided.
  • va compensation benefits wrote on Sep 22, 2008 at 8:10 PM
    Thank you very much for posting this information. It has been so helpful and is very easy to read and understand. Thank you for all of your work and effort for our disabled vets and explaining va compensation benefits. -Blessed be
  • nonajudy wrote on Sep 27, 2008 at 3:24 PM
    My late husband served 22 yrs. in the Army, he was in Viet Nam for almost 2yrs & received the Bronze Star. As he was discharged w/ an honorable discharge & disabilty. As it was his disabilty that resulted in his death, I receive full compacaion every mo. It is a blessing for me ,but a sad one, as he had to die as a result of injuries sustained in war. But the Army was his life & I wouldn't begruge him one moment of it. Nona Judy
  • Maria M. Flores Gage wrote on Dec 14, 2008 at 11:33 AM
    chest burn 1978
  • JOHN BENWELL wrote on Jan 8, 2009 at 5:18 PM
    FlYI- Legislation was passed in fall of 2008- Stating that any VET with ALS ( LOU GEHRIGS) Disease is automatically eligible for full VA benefits, Contact your local PVA rep for help in filing claims, Not the VA, This will speed up process.
  • macdoodle wrote on Jan 10, 2009 at 12:10 PM
    PLEASE NOTE. MANY have VA benefits/eligibility, who like me were told- for years they did not. LAST SUMMER I helped A WWII Vet know how he Could get VA med care! Please have any one who served even short time who has an honorable discharge contact their fed state or county VET REP or local VA to apply. DO NOT accept A VERBAL DECISION. as i learned the hard way.
  • TANDA65 wrote on Jan 28, 2009 at 9:59 AM
    what can Isee my earnfrom this page
  • jeromfitz wrote on May 25, 2009 at 11:41 PM
    What do a child do when it doesn't know that his adoption is from that of a "dishonorable charge" veteran that don't know about anything but "hell knawl boy!"