What happens when a disabled veteran gets convicted of a felony and goes to prison?

The Veterans Affairs is obligated to continue to pay benefits to the veteran, even while in prison. However, these benefits are reduced.  Beginning on the 61^st day of incarceration following the conviction the payment of disability compensation will be reduced to $104.00 or half of the benefit if the total benefit is less than $104.00.  If and when the veteran is released from prison (paroled, released to a halfway house, or enrolled in a work release program) the benefit amount will not be reduced.  However, it is the responsibility of the veteran to assure that his/her situation is clearly defined at the VA.    If the veteran is receiving a disability pension, the benefits will stop on the 61^st day of incarceration after conviction.

 

What about Medical Care from the VA for disabled veterans?

Veterans who are incarcerated do not automatically loose their right to medical care by VA medical staff and facilities.  However, the chances of actually getting to a facility while in prison are next to zero.  And, the possibility of getting a VA staff medical professional into the prison is also very slight.  VA policies restrict the use of VA resources when the individual veteran is maintained in a facility that is required to provide medical care.  In this writers experiences working in a maximum security correctional institution only one person in hundreds received any medical attention from the VA while an inmate. This veteran had been receiving treatment for cancer and was permitted to receive the ongoing treatment from the VA due to the nature of his condition.  And it was the VA who requested permission to continue his care.  So it is not impossible, but rare

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What about benefits paid to the families of veterans while the veteran is incarcerated?

Even though the veterans benefits must be reduced while he/she is incarcerated, the VA can reapportion the reduced amount to the family of the veteran, based on a determination of need. The family should contact the nearest VA regional office for details on how to apply. As this determination is based on financial need, the family will be asked to provide income information as part of the application process.

 

What happens to the veterans benefits when he/she is released?

Theoretically, the benefits the veteran was receiving before going to prison will resume when he/she is released.  However, it is the veterans responsibility to make sure the VA knows about his/her release and to be able to provide the required documentation.  The veteran has one year from the date of release to notify the VA.  If substantial time has elapsed, the VA will most likely require an updated medical evaluation to determine if the disability continues or has improved (or worsened?)  Again, it is the veterans responsibility to report the changes in his status, change of address, etc., and to be persistent in making sure the VA has his/her file in the ‘Active’ pile.