What s The Job Market For Veterans Disability Litigation Professionals

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58-year-old man, is permanently disabled due to his military service. He receives a monthly pension benefit from the Department of Veterans Affairs.

He wants to know if the jury's verdict will impact his VA benefits. It will not. However, it will affect his other sources of income.

Can I get compensation in the event of an accident?

You may be eligible for a settlement in the event that you have served in the military, but are now permanently disabled as a result of injuries or illnesses. This settlement can help you get compensation for medical bills, lost wages and other expenses that result from your illness or injury. The type of settlement you'll receive will depend on whether your health condition is non-service connected, which VA benefits you qualify for, as well as the amount your injury or accident will cost to treat.

Jim who is a 58-year veteran of the Vietnam war, was diagnosed as having permanent disabilities because of his two years of service. He hasn't got enough work space to be eligible for Social Security disability benefits but He does have a VA Pension benefit that provides cash and free medical care that is based on financial need. He wants to know how a personal injury settlement could affect his eligibility to receive this benefit.

The answer is dependent on whether the settlement is a lump sum or a structured one. Structured settlements are payments made over a long period of time rather than a single payment and the amount paid by the defendant is calculated to offset any existing VA benefits. In contrast, a lump sum payment will likely affect any existing benefits because the VA considers it as income and will increase it. In any event, if extra assets are left over after the period of twelve months when the settlement is annualized, Jim could apply again for the pension benefit, but only if his assets fall less than a minimum threshold that the VA is able to agree establishes financial need.

Do I require an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its effect on money issues in divorce cases. Some people believe, among other things that Department of Veterans Affairs compensation payments can be split like an army retirement in a divorce case or that they're "off limits" in calculating child support and Alimony. These misconceptions may lead to grave financial errors.

It is possible to submit an application for disability benefits yourself however, the majority of disabled veterans will benefit from the assistance of a professional lawyer. A veteran's disability attorney will examine your medical records to gather the necessary evidence to present a convincing case to the VA. The lawyer will also be able to make any appeals you require to receive the benefits you're entitled to.

Moreover, most VA disability lawyers do not charge fees for consultations. In addition the lawyer will typically be paid by the government directly from your retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly define the percentage of retroactive benefits that will be paid to your lawyer. For example the fee agreement could stipulate that the government will pay the lawyer up to 20% of retroactive benefits or provide. Any additional amount is your obligation.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. The purpose of the payments is to alleviate the effects of injuries, illnesses or disabilities that were sustained or aggravated by a veteran's service. Like other income sources, veterans disability benefits can be subject to garnishment.

Garnishment is a court-ordered procedure that an employer or government agency stop money from the pay of a person who owes an amount and then pay it directly to a creditor. In the case of a divorce, garnishment may be used to pay spousal maintenance or child support.

However, there are a few situations in which a veteran's disability benefits are able to be refunded. Most often, it is the case of a veteran who waived his military retirement to receive disability compensation. In these instances the amount of pension that is allocated to disability pay could be garnished to meet family support obligations.

In other cases, a veteran's benefit may be seized in order to pay medical bills or federal student loans that are past due. In these situations, a court may be able to directly to the VA to get the required information. It is essential for disabled veterans to hire a knowledgeable attorney to ensure that their disability benefits are not being snatched away. This will help them avoid having to rely on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a big assistance to veterans and their families, however they don't come without their own set of complications. If a veteran is divorced and receives an VA settlement then they must know what this will do to their benefits.

In this case one of the major issues is whether disability payments count as assets that can be divided during a divorce. This question has been answered in two ways. A Colorado court of appeals ruling decided that VA disability payments were not property and therefore could not be divided in this manner. Another option is a U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability payments to pay for alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern related to this topic is how the disability benefits are interpreted in the context of child support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from counting disability benefits as income. Some states have a different approach. Colorado is one example. It takes all income sources together to determine the amount required to support a spouse. The state then adds disability income in order to take into account their tax-free status.

It is also important that veterans disability lawyer know the impact divorce has on their disability benefits and how their spouses who divorced can slash their income. By knowing about these issues, veterans can protect their income and avoid unintended consequences.