Veterans Disability Litigation: The Good The Bad And The Ugly

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 law firms Affairs.

He would like to know how the jury's verdict will impact his VA benefits. The answer is that it will not. However, it will have an impact on his other income sources.

Can I get compensation in the event of an accident?

You could be eligible to receive a settlement if you served in the military but are now permanently disabled as a result of injuries or illnesses. This settlement will allow you to get compensation for medical expenses, lost wages, and other expenses related to your illness or injury. The type of settlement you'll be able to get will depend on whether the condition is service-connected or not connected, the VA benefits you are eligible for, and the amount your injury or accident will cost to treat.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities based on two years of service in the Vietnam War. Jim does not have enough work space to qualify for Social Security Disability benefits, however, he can claim the VA Pension which offers free medical treatment and cash depending on the financial needs of his. He would like to learn how a personal injuries settlement can affect his ability to benefit from this benefit.

The answer depends on if the settlement is a lump-sum or a structured one. 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 payout will likely affect any existing benefits because the VA considers it income and will annualize it. If Jim has excess assets after the settlement is annually adjusted and he wants to reapply, he will receive the Pension benefit. However the assets must be below a minimum threshold that the VA has set that establishes financial necessity.

Do I really need to hire an Attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its effect on financial issues in a divorce case. Some people believe that the Department of Veterans Affairs' compensation payments are able to be divided like a military pension a divorce or that they are "off limits" in the calculation of child support and alimony. These misconceptions could lead grave financial errors.

While it is possible to file an initial claim for disability benefits by yourself, the majority of disabled veterans disability attorneys get the assistance of a skilled attorney. A qualified veteran's disability lawyer can examine your medical records and gather all the necessary evidence needed to build a strong case to the VA. The lawyer will also be able to file any appeals that you require to secure the benefits you're entitled to.

Moreover, most VA disability lawyers charge no fees for consultations. Additionally that the lawyer will normally be paid by the government directly from your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should clearly specify the proportion of retroactive benefits to be paid to your lawyer. A fee agreement could say that, for example, the government would give the attorney up to 20% of retroactive benefits. Any additional amounts will be your to pay.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA, it comes in the form of monthly payments. The purpose of the payments is to help offset the effects of disabilities, diseases or injuries incurred during or aggravated by a veteran's military service. As with all income, veterans disability benefits could be subject to garnishment.

Garnishment can be a legal proceeding that permits a court to require an employer or government agency to take money from the wages of a person who owes money and send them directly to a creditor. In the event of divorce, garnishment can be used to pay child or spousal maintenance.

There are situations where a veteran's benefits can be encashable. The most common scenario is that of a veteran who has renounced his military retirement to receive disability compensation. In these scenarios the amount of pension that is allocated to disability benefits can be garnished in order to fulfill the family support obligations.

In other instances, a veteran's benefits could be seized in order to pay medical bills or federal student loans that are over due. In these situations, a court can go directly to the VA for the information they need. It is crucial for disabled veterans to hire a knowledgeable attorney to ensure that their disability benefits aren't taken away. This will stop them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a major assistance to veterans and their families, Veterans disability law firms however they don't come without their own set of challenges. If a veteran is divorced and receives a VA settlement, he or she should be aware of the impact this could have to the benefits they receive.

In this case one of the major issues is whether or not disability payments count as assets which can be divided in a divorce. This issue has been settled in a variety of ways. A Colorado court of appeals ruling found that VA disability payments were not property and could not be divided in this manner. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability payments to pay an alimony payment was a violation of USFSPA.

Another concern with this subject is how disability benefits are treated for purposes of child support and veterans disability Law Firms maintenance. Both the USFSPA as well as the Supreme Court, prohibit states from utilizing disability benefits as income. Some states have different methods. Colorado for instance, adds all sources of income together to determine the amount required to support a spouse. It then adds disability income in order to account for their tax-free status.

In the end, it is crucial for veterans to understand how their disability compensation will be affected when they get divorced and how their ex-spouses may affect their compensation. By knowing about these questions, veterans disability law firms can guard their income and avoid unwanted consequences.