Undisputed Proof You Need Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled as a result of his military service. He receives a monthly pension benefit from the Department of veterans disability lawsuit Affairs.

He would like to know how a jury award will affect his VA benefits. The answer is not. It will, however, affect the other sources of income he earns.

Can I receive compensation for an accident?

If you've been in the military but are now permanently disabled as a result of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement can help you receive compensation for your medical bills, lost wages and other costs resulting from your injury or illness. The type of settlement that you are eligible for will depend on whether or not your injury or illness is related to service, what VA benefits you qualify for, as well as the cost to treat your injury or Veterans Disability Settlement accident.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities following two years of service in the Vietnam War. He doesn't have enough space for work to qualify for Social Security Disability benefits, however, he does have the VA Pension, which provides free medical care and cash according to his financial need. He wants to know how a personal injuries settlement will affect his eligibility to get this benefit.

The answer will depend on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements are the ones that are paid over a period of time rather than in a single payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum payment will impact any existing VA benefits as the VA will annualize and consider it to be income. In the event that there are any excess assets are left over after the period of twelve months when the settlement is annualized Jim may be eligible to apply again for the pension benefit, but only if his assets fall below a threshold that the VA is able to agree establishes financial need.

Do I need to hire an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its effect on the financial aspects of divorce cases. Some people think that the Department of Veterans Affairs' compensation payments can be divided as a military pension in a divorce or that they are "off limits" in the calculation of child support and alimony. These misconceptions can lead to financial errors which can have serious consequences.

It is possible to submit a claim for disability benefits by yourself However, most disabled veterans would benefit from the assistance of a skilled lawyer. A skilled veteran's disability lawyer will review your medical documents and gather the necessary evidence to support your case at the VA. The lawyer can also file any appeals you might need to receive the benefits you are entitled to.

Moreover, most VA disability lawyers charge no fees for consultations. The government also pays the lawyer directly from the amount of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should clearly define the amount of retroactive benefits that will be paid to your lawyer. For example an agreement on fees could provide that the government can pay the attorney up to 20% of the retroactive benefits or pay. You are responsible for any additional amount.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA it is in the form of monthly payments. These payments are designed to compensate for some of the effects of disability, illness or injuries that are sustained or aggravated during a veteran's military service. Like all income, the veterans disability benefits are subject to garnishment.

Garnishment permits a court order that an employer or government agency withhold money from the wages of a person who has an amount and then pay it directly to a creditor. In the case of divorce, garnishment can be used to pay spousal or child support or child support.

There are some situations where the benefits of a veteran could be encashable. The most frequent scenario involves a veteran who waived their military retirement in order to receive disability compensation. In these scenarios the amount of pension that is allocated to disability payments can be garnished to fulfill the family support obligations.

In other cases, a veteran's benefits may also be garnished in order to pay medical bills or federal student loans that are over due. In these cases the court might be able to direct the case to the VA to get the required information. It is vital for disabled veterans to find a competent lawyer to ensure that their disability benefits aren't removed. This can stop them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous aid to veterans disability attorneys and their families. However, they come with certain complications. If a person divorces and receives a VA settlement, he or she should be aware of what this might do to their benefits.

In this context, a major question is whether or not disability benefits are considered assets which can be divided in divorce. The issue has been resolved in a variety of ways. One way is by the Colorado court of appeals ruling that concluded that VA disability payments are not property and cannot be divided as such. Another way is through a U.S. Supreme Court ruling in Howell that ruled that garnishing a veteran's VA disability benefits to pay for an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this issue is the handling of disability benefits to children for maintenance and support. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. However, certain states have chosen to take different approaches. For instance, Colorado adds up all sources of income to determine how much in support a spouse requires and then adds disability payments to take account that they are tax-free.

It is also important for veterans disability lawyer to know how their disability benefits will be affected if they are divorced and how their ex-spouses can garnish their compensation. By being informed about these issues, vets can ensure their compensation as well as avoid any unintended consequences.