Incarceration and Benefits


Hi Jim,

My husband is in jail now. He’s not being convicted but in process of his preliminary hearing. I read on the VA website that his compensation is not being affected until the 61st day of his conviction. My question is, during the trail process, if he is still incarcerated, can he keep receiving his disability compensation normally until he is convicted? Or do I have to start an apportionment process? Thank you.


Jim's Reply:

This article by VA will explain the process of establishing benefits for the dependents of an incarcerated veteran. Good luck.