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VA claim money taxable or not - what I found out filing in Nov

Veteran · · 77 views
So I filed my VA claim back in November after my October diagnosis and I've been wondering about the tax side of this since the paperwork started moving. Got some answers from the VA rep handling my case and wanted to lay it out because I know other guys are gonna ask the same thing.

VA disability compensation itself is not taxable. That's federal law, straight up. If I get approved for service connection on the meso claim, whatever monthly payment comes in is tax free. That part's clean.

But here's where it gets messy. If there's a settlement from a lawsuit against a manufacturer or company that exposed me, that money can be taxable depending on how it's structured. Some of it might be considered compensatory damages which aren't taxed, but other portions could be. The VA rep told me to talk to a tax guy about that piece because it depends on what the settlement covers and how the lawyers structure it.

I also asked about the retroactive pay if my claim gets approved and they backdate it to my diagnosis in October. That's still not taxable even going back that far.

The thing that frustrated me is the VA rep wasn't totally clear on the settlement side, which makes sense because that's not their department. I'm planning to get a CPA who handles veteran claims to walk through it once my case actually moves. Don't want any surprises.

Anyway if you're filing a VA claim for meso don't stress the VA payment part being taxable. But if you're also looking at a lawsuit settlement, get a professional to review that specific paperwork.

12 Replies

Veteran
Good intel, R. I'm in the same boat right now, six months post-op and waiting on my rating decision. VA rep told me the same thing about the disability comp being clean, but yeah, the settlement side is where it gets hairy.

I haven't dealt with a settlement yet so can't speak to that piece. What I did do was sit down with a CPA back in July, right after my pleurectomy, just to get ahead of the tax stuff. Cost me about two hundred bucks for the consultation but worth it to know where I stand. He said once any settlement paperwork comes through I should bring it straight to him, which is exactly what you're saying.

The retroactive pay thing is good to know. Didn't even think about that angle. If they backdate mine to June when I got diagnosed that could be decent money sitting there, and knowing it won't get hammered by taxes makes it easier to plan.

Your point about not stressing the VA payment side is solid. That part's straightforward. The lawsuit settlement though, yeah, get your ducks in a row on that before any money hits your account.
Attorney Expert Response
Good breakdown, and you've got the core of it right. VA disability compensation is excluded from gross income under 26 U.S.C. 5301, so yes, those monthly payments stay clean regardless of how far back they backdate.

The settlement side is where things get genuinely complicated and your VA rep was smart to punt that one. In my experience, the tax treatment often comes down to how damages are allocated in the settlement agreement itself. Physical injury compensation under IRC Section 104 is generally excluded, but if any portion gets characterized as punitive damages or interest, that changes things. We've had cases where the allocation language in the agreement made a real difference come tax time, so that structuring conversation with your attorney matters more than people realize.

The CPA idea is solid, especially one who's seen asbestos litigation settlements before. Someone who handles general veterans benefits may not have seen the specific way these manufacturer settlements get structured.

And this is just my general read on how the law typically applies across cases. Your specific situation could have wrinkles depending on your state of residence too, since some states have their own rules layered on top. Please do consult an attorney for your specific situation before anything is finalized.
3 found this helpful
Veteran
Good post. Yeah the VA rep thing is pretty typical, they know their lane and that's it. Mine kept saying "that's not my department" when I asked about the settlement side too back in November when I was filing. Gets old fast but I get it.

The retroactive pay piece is huge and I'm glad you called that out. If I get approved they're talking about going back to October when I was diagnosed, so that could be a decent chunk of back pay all at once. Nice that it's not taxable because honestly when you're sitting on medical bills from the surgery I had in December you need every dollar.

What I'm doing is keeping everything separate in my head. The VA disability if it comes through, that's one bucket and I'm not worried about that side tax wise. But the lawsuit settlement stuff, yeah I'm gonna need someone who actually knows what they're doing. I've heard too many stories about guys getting blindsided by taxes on settlement money because it wasn't structured right or they didn't understand what portion was what. Not falling into that trap.

The CPA route is smart. I'm gonna do the same thing once my claim actually moves forward. Might cost a few hundred bucks for a consultation but beats getting hammered in April. You know how it is with the VA though, the whole process moves like molasses. I filed in November and I'm still waiting for the rating decision. How long you been in the queue now.
Attorney Expert Response
Really solid breakdown and you got the VA compensation piece exactly right. 26 U.S.C. Section 104 is what covers that exemption and it's pretty airtight. The retroactive lump sum being non-taxable catches people off guard sometimes but yes, same rule applies.

The settlement tax question is where it gets complicated fast. We had a client back in 2019 whose settlement included both physical injury damages and a portion tied to punitive damages, and those two pieces get treated very differently by the IRS. Physical injury compensatory damages generally aren't taxable. Punitive damages typically are. How the settlement documents are actually worded can matter more than the dollar amount itself, which is something a lot of people don't realize until they're looking at a 1099.

The CPA idea is smart, especially one who has seen asbestos trust fund distributions before because those have their own quirks too. Trust payments and lawsuit settlements aren't always structured the same way and the tax treatment can differ.

One thing worth knowing is that some states have their own rules layered on top of federal treatment, so jurisdiction matters here. A CPA in your state who's seen veteran asbestos cases specifically is going to catch things a general tax preparer might miss.

As always, consult an attorney for your specific situation, especially before anything gets finalized on the lawsuit side.
3 found this helpful
Veteran
Yeah that's helpful context on the code section, thanks for laying that out. The punitive damages piece is exactly what had me worried - sounds like that's where the tax hit could actually land. Did your client end up having to pay taxes on the punitive portion or did the way it was structured in the settlement agreement protect them from that? That's the kind of detail I need to understand before my case gets to that stage.
Family
Yeah, the settlement tax thing caught me off guard too when my dad's case settled back in the summer. Definitely worth getting a CPA involved early rather than finding out later, that's what I wish we'd done.
Family
Oh this is so helpful, thank you for breaking this down. Joe's still working through his VA stuff so I'm taking notes on everything. We haven't gotten to the settlement side yet but honestly that's been in the back of my mind because we know there's gonna be questions about all of it.

The tax free part on the disability payment itself is a relief. That's one less thing to worry about when money's tight and you're dealing with medical bills. We're already looking at copays and treatment costs that insurance doesn't cover so every dollar counts.

Your point about getting a CPA who knows veteran claims is smart. I was a teacher for 31 years so I know when to call in the experts, right? That's not something you DIY. We actually called our regular tax guy back in January and he admitted pretty quick that mesothelioma settlements aren't his wheelhouse. He referred us to someone who specializes in this stuff and I'm glad he did because there's apparently all these different ways a settlement can be structured and it matters a lot for taxes.

The retroactive pay thing didn't even occur to me so I'm glad you asked about that. If Joe gets approved and they backdate it, knowing that's still tax free is huge.

Are you already in the lawsuit process or still figuring out your next steps with the VA?
Veteran
Yeah the disability payment being tax free is huge, especially with all the medical stuff piling up. When you guys do get to the settlement side, just make sure whoever handles it knows about the VA angle too - I learned the hard way that some tax people don't understand how veteran claims interact with settlements. Get someone who's done this before, saves a lot of headaches down the road.
Veteran
Get that CPA locked in before you sign anything, R. I made the mistake of waiting til after my pleurectomy to sort the paperwork side and it cost me time I didn't have.
Veteran
Yeah man, that's solid advice. I'm actually scheduling one this week before anything moves forward on the lawsuit side. Didn't want to repeat what you went through. How far along are you now after the pleurectomy?
Veteran
Solid breakdown there. My VA rep at the Norfolk office gave me the same line about disability comp being clean, but yeah the settlement piece is where things get fuzzy and nobody wants to own it. Got my approval letter in September and the first check hit in October, zero tax withholding which was what I expected but still good to see it actually happen.

On the retroactive pay side, mine went back to June when they diagnosed me. That was a decent chunk of back pay and I was honestly nervous about it being taxable but the VA paperwork was clear it wasn't. CPA I saw after said same thing. The settlement angle though, that's different ballgame. If you end up going that route make sure whoever handles your case understands how to structure compensatory damages versus lost wages or punitive stuff. I've heard guys say it matters a lot how the paperwork's written up.

One thing I'd add is keep copies of everything the VA sends you about the decision. When you sit down with a tax professional they're gonna want to see the actual determination letter and the compensation schedule so they can map out what's what. Saves time and makes it clearer what portion they need to dig into.

You're doing the right thing getting ahead of this now instead of finding out later.
Veteran
Yeah man, that retroactive chunk is real money and I get why you were nervous about it. Sounds like your Norfolk office handled it right. Mine's still in limbo waiting for the actual approval, so I'm banking on that same clean treatment when it finally comes through. Did your CPA or tax guy say anything about the retroactive pay, or did you just file it as is come tax time?

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