By Mandy Rebmann

Disability Compensation Benefits (disability) is a monetary consideration paid to veterans who suffered or aggravated a sickness or injury while on active military service.  The amount of benefit ranges based on severity of the injury, in 10 percent increments, from 10 to 100 percent.  This article will give a brief overview of what disability compenstation is, and how it may differ from a salary or pay.

• Who is eligible for disability?

If a veteran suffered a disability as the result of sickness or injury while on active service, he or she may be eligible for some degree of benefits.Both physical and/or mental health conditions may apply.The benefits may also extend to surviving spouses or family members of a service member who dies on active duty.Additional benefits may be given if the disability requires special circumstances, such as living assistance.The veteran must not have been dishonorably discharged.

• Is disability considered income?

Yes.Disability is a permanent and reliable source of funds, and is considered income.Disability attempts to compensate a Veteran for the loss of income he or she could have made if not for the injury suffered.

• Can a veteran receive both VA Disability and Social Security Disability (SSD) benefits?

Yes, if he or she qualifies for SSD based on time and length of full-time work.It should be noted that these are two completely different programs, so the methods for determining disability may differ.In other words, VA disability is not an automatic approval for SSD.

• Is disability taxable?

No.Disability is not subject to federal or state income tax.

• Is disability subject to garnishment?

In some cases.Garnishment of Disability funds from a creditor or debt collector is prohibited by the Federal Trade Commission (FTC).While the FTC does prohibit most garnishment of federal benefits, there are some circumstances where it is allowed.

One instance may be in cases of court-ordered child support or alimony.The idea is that disability compensation is provided not only to the veteran, but also to their dependents.However, this only applies if the veteran waived all or a portion of their military retirement pay to qualify for VA Disability.Prior to 2004, a veteran could not receive concurrent retirement and disability pay without waiving the disability amount of their retirement pay.Since 2004, they may receive both, provided the disability amount is 50 percent or higher.Those who rate 40 percent and below must still waive that portion of retirement pay in order to receive disability.If the veteran waived all or a portion of his or her retirement pay to receive disability, it may be garnished to meet child support or alimony obligations.

• Is Disability subject to Communal Property Division?

No, disability is not considered communal property in cases of divorce.However, like all income sources, disability can be considered by a judge when determining the amount of support obligations.

Records indicate U.S. soldiers receiving injury compensation as far back as the Civil War.  To learn more about disability, eligibility requirements, claim types, or applying, please visit the Veterans Affairs website at benefits.va.gov.