Incarcerated Veterans
How incarceration affects VA benefits, what your family can receive while you are incarcerated, and programs to help you reenter society. Knowing these rules can prevent overpayments and protect your family.
Disclaimer: This information is for general guidance only and may not reflect recent changes. Always verify with the official source linked below. This is not legal, medical, or financial advice.
How Benefits Are Affected
VA benefits are reduced or terminated after 60 days of incarceration. The rules differ based on the type of conviction:
Felony Conviction
| Benefit | What Happens After Day 60 |
|---|---|
| Disability compensation (20%+ rating) | Reduced to the 10% rate |
| Disability compensation (10% rating) | Reduced to half the 10% rate |
| VA pension | Terminated on the 61st day |
Misdemeanor Conviction
- VA pension is terminated on the 61st day
- Disability compensation is not reduced for misdemeanor convictions
Exceptions — Full Benefits Continue For:
- Work release programs
- Halfway houses (residential reentry centers)
- Community control programs
Critical: Notify VA immediately when incarcerated. Failure to notify VA can result in overpayment and loss of all financial benefits until the debt is recovered. Call VA at 1-800-827-1000 or have a family member call on your behalf.
Apportionment to Dependents
When a veteran's benefits are reduced due to incarceration, the unpaid portion may be apportioned (paid) to the veteran's spouse, children, or dependent parents.
- Not automatic — dependents must file a separate claim for apportionment using VA Form 21-0788
- Amount is based on the individual need of each dependent
- No apportionment is paid to anyone who is themselves incarcerated for a felony
- Family members should contact VA at 1-800-827-1000 to file an apportionment claim
Post-Release: Restoring Your Benefits
VA benefits may be restored to full amount upon release if you still meet VA eligibility requirements. Contact VA as soon as you are released to begin the restoration process.
Health Care for Reentry Veterans (HCRV)
HCRV is a VA program specifically designed to prevent homelessness among veterans leaving incarceration. Each VA region (VISN) has an HCRV specialist as a regional point of contact.
Pre-release services include:
- In-prison outreach and assessment
- Eligibility verification for VA services
- Needs and preferences assessment
- Referrals to medical, mental health, and social services
- Linkage to housing, employment, and substance abuse treatment
How to access: Ask for the HCRV specialist at your facility, or contact VA Homeless Programs at va.gov/homeless/reentry.asp.
Veterans Justice Outreach (VJO)
VJO Specialists are stationed in every VA medical center. They connect justice-involved veterans with VA services and work directly with courts, jails, and prisons. If you are involved in the justice system as a veteran, ask to speak with a VJO specialist.
Veterans Re-Entry Search Service: vrss.va.gov | VA Homeless Programs: 1-877-424-3838