Family and money
Incarceration and VA benefits: what is reduced and what your family can claim
VA pay is cut after a felony conviction and 60 days behind bars. Your family may be able to get part of it, but they must ask.
What it is
If a Veteran is convicted of a felony and jailed or imprisoned for more than 60 days, VA reduces the payment. Part of the unpaid money can go to the Veteran's spouse, children or dependent parents, but only if they file a claim. Benefits can restart after release.
What is reduced
- Disability compensation: a Veteran rated 20 percent or more is limited to the 10 percent rate. A Veteran rated 10 percent is paid one-half of that. This starts after more than 60 days of incarceration for a felony.
- Pension: VA says payments stop effective the 61st day of imprisonment.
More than 60 days
What dependents can claim
- All or part of the compensation not paid to the Veteran may be apportioned to a spouse, child or children, and dependent parents.
- It is not automatic. The dependent must file a claim.
- A dependent who is themselves in a penal institution for a felony conviction cannot get an apportionment.
Getting benefits back on release
- Tell VA when the Veteran is released. VA's fact sheet says the Veteran can tell VA within 30 days of the expected release.
- Under the federal rule, the award resumes on the release date if VA gets notice within one year after release. If notice comes later, it resumes the date VA gets notice.
- VA counts a person as released if paroled or in a work release or halfway house program.
- The amount after release depends on the current level of the disability.
1Tell VA when the Veteran is released. VA's fact sheet says the Veteran can tell VA within 30 days of the expected release.
2Under the federal rule, the award resumes on the release date if VA gets notice within one year after release. If notice
3VA counts a person as released if paroled or in a work release or halfway house program.
4The amount after release depends on the current level of the disability.
Traps
- Dependents must file their own claim. Nothing is paid to them until they do.
- Education benefits work differently for felons. Ask the VA outreach line below before assuming.
Where to call and where to go
Phone
- VA National Call Center for outreach coordinators at regional offices: 1-877-424-3838 (1-877-4AID-VET). Hours are not shown on VA's page. Source: VA: Incarcerated Veterans
- VA benefits hotline: 1-800-827-1000 (TTY: 711). VA lists hours as Monday through Friday, 8:00 a.m. to 9:00 p.m. ET. Sources: va.gov/contact-us and Helpful VA phone numbers
Official pages
Free accredited help
- Find an accredited representative (attorney, claims agent or Veterans Service Organization representative). VA says help from an accredited VSO representative is always free.
Related: Facing charges, or coming home? See veterans treatment courts and justice outreach. Free legal help: free legal help for veterans.