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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 19775
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Im am being investigated by the grand jury and possibly

Customer Question

im am being investigated by the grand jury and possibly expect an inditement on charges of child molestation or another charge. Ive been being investigated for 2 years. I don't know what the charges will be if any. Will lose my retirement pay and will I lose my VA disability? Ive already checked with social security and I will lose it. Mywife of 48 years will have no income. I retired in 1985.
Submitted: 1 year ago.
Category: Military Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. A felony conviction alone would not effect your VA disability compensation. However, a felony conviction with incarceration of more than 60 days would reduce your payments. Please see the excerpt below from the VA, which explains the reduction.

Disability Compensation

VA disability compensation payments are reduced if a Veteran is convicted of a felony and imprisoned for more than 60 days. Veterans rated 20 percent or more are limited to the 10 percent disability rate. For a Veteran whose disability rating is 10 percent, the payment is reduced by one-half. Once a Veteran is released from prison, compensation payments may be reinstated based upon the severity of the service connected disability(ies) at that time. Payments are not reduced for recipients participating in work release programs, residing in halfway houses (also known as "residential re-entry centers"), or under community control. The amount of any increased compensation awarded to an incarcerated Veteran that results from other than a statutory rate increase may be subject to reduction due to incarceration.

As far as retirement pay goes, Military retirement pay is not automatically stopped because of a felony conviction or for incarceration if a former servicemember is already receiving retirement pay. In accordance with the Hiss Act, as amended in 1961, only convictions (after retirement) for "crimes of national security" would result in the loss of retirement pay. Therefore, retirement pay could continue.

Please feel free to ask for clarification if needed. If none is needed, then if you could leave a positive rating in the box above I will receive credit for assisting you today. Thank you

Expert:  Miel-cssm replied 1 year ago.
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Expert:  Marsha411JD replied 1 year ago.

Did you have a follow up question for me? Happy to answer them if you do.

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