The Board concluded that the amount withheld from the veteran's Social Security benefits to pay for child support in arrears is properly included as countable income for purposes of improved disability pension benefits.
The deciding factor: VA guidelines state that if there is a garnishment or involuntary withholding of a payee's Social Security check due to legal action initiated by a third party, the entire benefit is counted as income for VA purposes even though it may never be received by the beneficiary.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 2, 2000
- Citation
- 0005692
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0005692.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.