Overview of VA Benefits for Justice- Involved Veterans Christie Bhageloe, Esq. Veterans’ Advocate Community Legal Services of Mid-Florida, Inc.

Most Common VA Benefits *If a veteran has a dishonorable discharge, s/he will not receive any VA benefits, including health care, unless the discharge is upgraded. Service-connected Disability Compensation: a currently existing disability that was the result of an event that occurred during active service in the military. Veteran must show through medical evidence a connection between in service injury/event and current disability. VA Pension: For very low-income wartime veterans who are either over 65 or under 65 and completely disabled due to non-service-connected disabilities (wartime service chart on next slide). You cannot receive both of these benefits at the same time. However, you can receive Social Security Disability & VA service-connected disability at the same time.

Veterans Arrest Statistics VA Pension Wartime Service Requirement Only for wartime veterans (combat zone and combat service not required) who generally must have served 90+ days of active duty, one day of which must have been during a wartime period: Indian Wars: 1/1/ /31/ USCS §1511(b); 38 CFR §3.2(a) Spanish-American War: 4/21/1898-7/4/ USCS §101(6); 38 CFR §3.2(b) Mexican Border War: 5/9/1916-4/5/ USCS §101(30); 38 CFR §3.2(h) World War I: 4/6/ /11/ USCS §101(7); 38 CFR §3.2(c) World War II: 12/7/ /31/ USCS §101(8); 38 CFR §3.2(d) Korean Conflict: 6/27/1950-1/31/ USCS §101(9); 38 CFR §3.2(e) Vietnam Era: 8/5/1964-5/7/ USCS §101(29); 38 CFR §3.2(f) Persian Gulf War: 8/2/1990-present 38 USCS §101(33), 1501(4); 38 CFR §3.2(i) 90+ days of service applies to veterans who enlisted before 9/7/80 38 USCS §1521(j)(3) 24+ months or the full period of active duty for veterans who enlisted after 9/7/80 38 CFR §3.12a(c)(1) May qualify with less than minimum service period if discharged due to a disability. 38 USCS §1521(j)(2)

While incarcerated, veterans risk losing their VA disability benefits and pensions.

When Does an Incarcerated Veteran Lose Benefits? If a veteran is convicted of a misdemeanor and sentenced to more than 60 days in jail, he will lose his pension benefits on the 61 st day of Incarceration after conviction. If a veteran is convicted of a felony and sentenced to more than 60 days in jail, he will lose his pension and up to 90% of his disability benefits on the 61 st day of incarceration after conviction.

Alternatives to Incarceration Loss of benefits only occurs while a veteran is incarcerated in a correctional facility Benefits will continue to be paid in full if a veteran is sentenced to: Substance abuse or mental health treatment Probation House arrest Work-release Veterans Court Any other diversion program

The VA has no duty to notify veterans that their benefits will end on the 61 st day of incarceration. _____________________ If the VA continues to pay full benefits after the 61 st day of incarceration, this will result in an overpayment which the veteran must repay. ______________________ Apportionment of benefits is a way to avoid these problems.

Apportionment of Benefits Apportionment is not automatic! Pension and disability benefits may be apportioned during incarceration. Either the incarcerated veteran or his dependent family members (legal spouse, children, dependent parents) can apply to the VA for apportionment. Send a letter asking for apportionment and demonstrating dependents’ financial need to the VA Regional Office: Department of Veterans Affairs Claims Intake Center PO Box 5235 Janesville, WI Toll Free Fax: (844)

Restarting Benefits After Release from Incarceration Send a copy of the official release papers to the VA Regional Office. Enclose a letter with SSN, name, and current address asking the VA to reinstate benefits at the full pre-incarceration level. Department of Veterans Affairs Claims Intake Center PO Box 5235 Janesville, WI Toll Free Fax: (844)

If release papers are delivered to the VA within one year of release, benefits will resume retroactive to the date of release. *** After one year, benefits will be payable starting from the date the VA received release papers.

Overpayments Problem: Overpayment resulting from the VA paying full benefits after the 61 st day of incarceration Solution: Notify the VA immediately if sentenced to 60+ days of incarceration & apply for apportionment to support family members during incarceration. Problem: Overpayment resulting from “fugitive felon” status: if there is a valid felony warrant for veteran or other beneficiary of VA payments, no benefits will be paid to that person and overpayments are calculated from the date the warrant issued, whether or not person is aware of the warrant. Solution: Under some circumstances, you can file a motion in the original court to quash the warrant. If warrant is valid, surrender and benefits will be paid until there is a conviction.

Need Free Help with VA Benefits? Community Legal Services of Mid-Florida’s Veterans Legal Advocacy Project: Attorney Christie Bhageloe Call (800) to see if you qualify for free civil legal services Department of Veterans Affairs Mini-Service Center 1000 Legion Pl Ste 1550 Orlando, FL United States Veterans Service Officers (VSOs): In all counties Osceola County Veterans Services 330 N Beaumont Avenue, Kissimmee Phone: (407) Orange County Veterans Services 2100 E. Michigan St., Orlando Phone: (407) Visit your local VA hospital or clinic for information about HUD/VASH, to apply for VA healthcare, residential programs, etc. Private Attorney: Florida Bar Referral (800) offers free or reduced price initial consultation about any legal issue.

Community Resources Supportive Services for Veterans & Families (SSVF): The Transition House Inc SSVF Benefits Navigator th Street, St. Cloud, FL ext150 Homeless Services Network 4065 L B McLeod Rd, Orlando Phone:(407) Homeless Veteran Stand Downs- annual event throughout U.S. WorkForce Central Florida: Disabled Veteran Rep Phone: x East Vine Street, Kissimmee WorkForce Central Florida Veteran Employment Rep 1563 Florida Mall Ave., Orlando Phone: (407) x3315 Orlando Vet Center (Counseling for Combat Veterans & Families): 5575 S. Semoran Blvd., Ste. #36 Orlando, FL Phone: UCF PSD Clinic OEF/OIF Only (407) or (855)