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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 110401
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband is incarcerated He is a Vietnam Vet I was getting

Customer Question

My husband is incarcerated He is a Vietnam Vet I was getting the major portion of his va compensation Last March he was approved for 100% upgrade which I haven't receive as of yet I called the VA and of course they said he's not entitled to it because he is incarcerated I know their employees at the VA are not up on the laws and they do not want to discuss it with family of an incarcerated veteran So you get nowhere! My husband does have someone who's been trying to help him but he is getting nowhere also My husband has also written to the VA many times Is he entitled to his compensation, is my question?
Submitted: 3 months ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
While he is not entitled to most of his benefits if he is incarcerated more than 60 days, as a spouse you can receive the benefits he is not able to receive. Your husband is not entitled to the compensation, but you should be able to receive it during his incarceration and you need to get a power of attorney form from him giving you permission to deal with his benefits with the VA and then they have to talk to you about it.

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