"Ask Me Anything": Ten Responses To Your Questions About Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled because of his time in the military. He gets a monthly pension from the Department of veterans disability attorneys Affairs.

He wants to be aware of whether a verdict by a jury will affect his VA benefits. It will not. However, it will have an impact on his other sources of income.

Can I get compensation for an accident?

You may be eligible for a settlement if served in the military but are now permanently disabled as a result of injuries or illnesses. This settlement can help you receive compensation for Veterans Disability Settlement your medical bills, lost wages and other costs resulting from your illness or Veterans Disability Settlement injury. The kind of settlement you'll get will depend on whether the medical condition is service-connected, or not connected, what VA benefits you qualify for, and the amount your injury or accident will cost to treat.

For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities based on two years of service during the Vietnam War. He hasn't got enough work space to be eligible for Social Security disability benefits but the VA Pension benefit which provides cash and free medical assistance based on financial need. He would like to find out if a personal injury settlement will affect his ability to get this benefit.

The answer is contingent upon whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements are those that are made over a period of time instead of in one payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. However, a lump sum settlement will probably affect any existing benefits because the VA considers it income and will annualize it. If Jim has excess assets after the settlement has been annualized the applicant can apply again to be eligible for the pension benefit. However his assets must be under a limit that the VA has set that establishes financial necessity.

Do I require an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and the impact it has on financial issues in divorce cases. Some people believe, for instance, that Department of Veterans Affairs compensation payments can be divided like a military retirement in divorce proceedings or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions can lead to financial errors that have serious consequences.

While it is possible to file an initial claim for disability benefits on your own, the majority of disabled veterans get the assistance of a professional lawyer. A veteran's disability lawyer who is experienced can examine your medical documents and gather the necessary evidence to make a convincing case to the VA. The lawyer can also file any appeals you may require to receive the benefits you deserve.

The majority of VA disability lawyers don't charge for consultations. The government also pays the lawyer directly from your payment of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The proportion of retroactive past-due benefits your lawyer will be paid should be outlined in your fee agreement. For instance, a fee agreement can specify that the government will pay the attorney up to 20% of retroactive benefits or award. The attorney is responsible for any additional costs.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans disability litigation. The funds are meant to help offset the impact of diseases, injuries or disabilities that have been sustained or aggravated during the course of a veteran's time of service. Like all income, the benefits for veterans disability claim with disabilities are subject to garnishment.

Garnishment is a legal action that permits a court to decide that an employer or a government agency to take money from the pay of an employee who owes money, and then send them directly to the creditor. In the case of divorce, garnishment may be used to pay spousal support or child support.

There are some situations where the benefits of a veteran can be encashable. The most common scenario is the veteran who has waived their military retirement in order to claim disability compensation. In these cases, the amount of pension that is attributed to disability benefits can be garnished for family support obligations.

In other circumstances, veteran's benefit may be garnished to pay medical bills or federal student loans that are over due. In these instances, a court may be able to direct the case to the VA to get the required information. It is crucial for a disabled veteran to find a competent lawyer to ensure that their disability benefits are not garnished. This will stop them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great help to veterans and their families. However they also come with their own set complications. For example, if a veteran gets divorced and is awarded an VA disability settlement, they should know what this means for their benefits.

In this context, the main question is whether disability payments are considered assets that could be divided during a divorce. The issue has been resolved in a couple of ways. One option is the Colorado court of appeals decision, which found that VA disability payments are not property and cannot be divided in that way. Another way is through the U.S. Supreme Court ruling in Howell that ruled that garnishing the veteran's VA disability benefits to pay for Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to this topic is the treatment of disability benefits for child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. However, some states have chosen to take an alternative approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse will need and then adds up the disability payments to take into account that they are tax-free.

It is also essential that veterans know how divorce will affect their disability compensation and how their spouses who divorced can garnish their compensation. By being aware of these issues, veterans can protect their income as well as avoid unintended consequences.