This bill excludes specific medical expense reimbursements and pain and suffering payments from the income calculation for determining veterans' pension eligibility.
Jared Moskowitz
Representative
FL-23
The Veterans Pensions Protection Act of 2025 modifies how annual income is calculated for veterans' pension benefits. This bill specifically excludes certain reimbursements for medical expenses and payments for pain and suffering related to accidents or losses from the income determination. This change aims to ensure these specific payments do not negatively impact a veteran's or survivor's eligibility for a pension.
The Veterans Pensions Protection Act of 2025 is looking to change how the VA calculates income for veterans and their families seeking pension benefits. Right now, if a veteran receives money for certain things, like a settlement after an accident, that money often counts toward their annual income, which can push them over the limit for qualifying for a pension.
This bill amends Section 1503(a) of Title 38, basically carving out specific payments that the VA can no longer count as income. The goal is straightforward: make sure veterans who receive compensation for a loss don't accidentally lose out on their regular pension benefits. This change is set to take effect 180 days after the bill becomes law.
Think about a veteran who gets into a car accident. They might receive two kinds of payments from the insurance company or a lawsuit. The first is a reimbursement for medical expenses resulting from that accident, theft, or casualty loss. The bill says this money is excluded from income, but only up to the actual cost of the medical care. This is common sense: if you get $10,000 to cover a $10,000 hospital bill, that shouldn't be treated like a bonus paycheck.
The second type of payment is for pain and suffering related to that same accident or loss. This money is also excluded from the income calculation. However, there’s a catch here: the VA Secretary gets to set a limit on that exclusion "on a case-by-case basis." While the intent is good—to ensure a veteran who gets a settlement for a serious injury doesn't get penalized—that "case-by-case" language is a bit vague. It means the VA will have a lot of discretion, and we'll need to watch closely how they set those limits to ensure consistency.
For a veteran or a surviving spouse relying on a VA pension, this change is a big deal. Pension programs are designed as a financial safety net for those with low income. If a veteran receives a one-time settlement—say, $50,000 for pain and suffering after a slip-and-fall injury—counting that as annual income could immediately disqualify them from their pension for a year or more. The pension is for ongoing support, while the settlement is compensation for a specific loss.
By excluding these payments, the bill ensures that non-recurring, compensatory funds don't accidentally knock someone off a critical source of regular income. It’s a clean-up measure that recognizes the difference between regular earnings and money meant to make someone whole after a loss. The primary benefit here is stability and fairness for those who rely on the VA pension system.