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Can You Receive VA Disability Benefits While Incarcerated?

Many veterans wonder: If I go to jail or prison, do I lose my VA disability benefits? The answer isn’t a simple yes or no. In fact, you may still receive VA disability benefits while incarcerated, but there are certain conditions that can affect how much you receive—and whether your family is eligible for any of that support.

How Incarceration Affects VA Disability Compensation

If you're a veteran receiving disability compensation and you're convicted of a crime, your payments may be reduced—but not entirely stopped—depending on your situation.

Reduction Based on Disability Rating

  • Veterans with a 20% or higher rating: compensation drops to the 10% rate after 60 days.

  • Veterans with a 10% rating: compensation is cut in half after 60 days.

Situations Where Benefits Are Not Reduced

You will continue to receive full VA disability payments if:

  • You’re incarcerated for a misdemeanor.

  • You're in a work-release program, halfway house, or community supervision.

Pension Payments Stop After 60 Days

If you receive a VA pension (not compensation), it will be suspended after 60 days of incarceration—whether it’s a misdemeanor or felony.

You may be able to resume your pension after release, but only if you still meet the eligibility requirements.

What Happens if you are awaiting trial 

Benefits are not affected if you:

  • Are awaiting trial.

  • Have not yet been convicted.

Reductions only apply after a conviction and 60+ days of incarceration.

 

A judge’s gavel resting on dollar bills with an American flag in the background.

Can Your Family Receive Benefits While You’re Incarcerated?

Yes—if your payments are reduced, the VA may apportion a portion of them to your eligible dependents (spouse, children).

  • Apportionment is based on financial need.

  • Incarcerated dependents are not eligible to receive these payments.

Restoring Your VA Benefits After Release

What to Do After You’re Released

To restore full benefits:

  1. Notify the VA within 30 days of your release.

  2. Provide official documentation (like parole or release paperwork).

Retroactive Payments

If you notify the VA within one year of your release, you may receive retroactive payments back to your release date. Waiting too long could mean lost compensation.

Final Note

Incarceration can reduce your VA disability and pension payments, but you don’t lose all benefits—and your family may still qualify for support. The key is understanding the rules and taking the right steps to restore full benefits after release.

    VETCOMM offers a Money-Back Guarantee for veterans who follow the full process as outlined. When you sign up, you agree to allow us two attempts to help you secure at least a 10% VA rating. To remain eligible for a refund, you must attend all scheduled appointments with our team and complete your VA-requested C&P exams.

    If your first VETCOMM-assisted claim results in a total VA rating increase of 10% or more, the goal of the course has been achieved and the guarantee is fulfilled. No refund is issued.

    If your first claim does not lead to a 10% total increase, VETCOMM will assist you in filing a second claim.
    If the second claim results in a 10% or greater increase, the goal has been achieved and the guarantee is fulfilled.

    If your second claim also does not result in a 10% total increase, you have two options:

    1. Request a full refund

    2. Proceed with a third filing and waive your right to a refund

    Filing a third claim fulfills the guarantee obligation, regardless of outcome. Many veterans require multiple filings due to documentation challenges or individual circumstances that affect how the VA awards ratings. While we assist in the process, approval decisions are made solely by the VA.

    There are a few situations where the Guarantee Refund Policy does not apply:

    • Veterans with a 90% Total Disability Rating:
      Due to how the VA calculates ratings, increasing from 90% to 100% is very difficult. VETCOMM will still assist with up to three (3) VETCOMM-assisted claims, but no refund will be issued if a 10% total increase is not awarded.

    • Veterans with an Other Than Honorable (OTH) Discharge:
      Veterans with an OTH discharge can still file claims with VETCOMM. However, because of additional VA restrictions, we will assist with up to two (2) VETCOMM-assisted claims, and no refund will be issued if a 10% total increase is not awarded.