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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Military Law
Satisfied Customers: 16710
Experience:  Experienced Licensed Attorney
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My husband is incarcerated I get a portion of s VA

Customer Question

My husband is incarcerated I get a portion of his VA compensation He was given an upgrade to 100% last March I have not received anything as of right now I called the VA recently and was told he is not entitled to it because he is incarcerated even though I do receive his compensation now He has someone helping him with this but, they are not having any luck I know the va personnel are not up on the law, basically the're there to just answer the phone, apparently. My question is, is he entitled to his upgrade and do I get a portion of it Thank you for your time.
Submitted: 1 year ago.
Category: Military Law
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Unfortunately, generallya person who is incarcerated is not entitled to any VA compensation, even if another person is designated to receive VA compensation on behalf of the veteran, due to the fact that it is the state or federal government who pays for the veterans prison / jail costs while he is incarcerated.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Expert:  Alex J. Esq. replied 1 year ago.
Customer: replied 1 year ago.
Thank yoy
Expert:  Alex J. Esq. replied 1 year ago.

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