Why Veterans Disability Litigation Doesn t Matter To Anyone

How a Veterans Disability Settlement Can Affect a Divorce Case

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

He wants to find out if a verdict from a jury will impact his VA benefits. The answer is that it will not. But it will have an impact on the other sources of income he has.

Can I Receive Compensation for an Accident?

You may be eligible to receive a settlement if you served in the military but are now permanently disabled because of injuries or illnesses. This settlement will pay you for medical bills, lost income and other expenses that resulted from your injury or sickness. The kind of settlement you can receive will depend on whether your illness or injury is service-connected, what VA benefits you qualify for, as well as the cost to treat your injury or accident.

For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities based on two years of service in the Vietnam War. He doesn't have enough work quarters to be eligible for Social Security disability benefits but there is a VA Pension benefit that provides cash and medical treatment for free based on financial need. He wants to learn how a personal injury settlement could affect his eligibility to receive this benefit.

The answer will depend on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements require the payment of over time, rather than one payment. The amount paid by defendant is calculated to offset existing VA benefits. A lump sum settlement can impact any existing VA benefits as the VA will annualize and consider it to be income. In either case, if excess assets remain after the period of twelve months when the settlement is annualized Jim could reapply for the Pension benefit, but only if his assets fall below a certain threshold that the VA accepts as establishing financial need.

Do I need to employ an attorney?

Many spouses, military personnel and former spouses are concerned about VA disability payments and their impact on financial issues in divorce. Some people think, for instance, that the Department of Veterans Affairs compensation payments can be divided like an army retirement in divorce cases or that they're "off limits" in calculating child support and alimony. These misconceptions can lead to financial errors that have serious consequences.

While it is possible to submit an initial claim for disability benefits on your own, the majority of disabled veterans can benefit from the assistance of an experienced attorney. An experienced veteran's disability lawyer can examine your medical documents and gather the required evidence to support your case at the VA. The lawyer can also help to file any appeals you may need to get the benefits you're entitled to.

In addition, the majority of VA disability lawyers charge no fees for veterans Disability Law firms 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 to be paid to your lawyer. For instance your fee agreement may stipulate that the government will pay the lawyer up to 20% of the retroactive benefits or give. You will be responsible for any additional amount.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA, it comes in the form of monthly payments. The purpose of the payments is to compensate for some of the effects of diseases, disabilities or injuries incurred during or aggravated by the veteran's military service. The benefits for veterans with disabilities are subject to garnishment, as is any other income.

Garnishment is a court-ordered procedure that an employer or government agency stop money from the wages of a person who is in the process of paying an obligation and pay it directly to the creditor. In the event of a divorce garnishment can be used for child or spousal support.

However, there are a few circumstances where a veteran's disability benefits may be repaid. The most common scenario involves a veteran who waived their military retirement to receive disability compensation. In these cases the amount of pension that is devoted to disability payments can be garnished in order to fulfill the family support obligations.

In other circumstances veterans' benefits could be withdrawn to cover medical expenses or past due federal student loans. In these situations the court can go directly to the VA to obtain the information they need. It is essential for disabled veterans to find a competent lawyer to ensure that their disability benefits are not being snatched away. This will prevent them from being forced to rely on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a big aid to Veterans Disability Law Firms and their families, however they do come with their own set of complications. For example, if a veteran gets divorced and is awarded an VA disability settlement, they should be aware of how this will affect their benefits.

A major issue in this context is whether disability payments are considered divisible assets in a divorce. This issue has been settled in a couple of ways. One option is a Colorado court of appeals decision, which found that VA disability payments are not property, and therefore cannot be divided as such. Another way is through an U.S. Supreme Court ruling in Howell which held that garnishing a veteran's VA disability benefits to pay Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern relating to this topic is the treatment of disability benefits to children for support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from claiming disability benefits as income. However, certain states have adopted different approaches. For instance, Colorado adds up all sources of income to determine how much in support a spouse is entitled to and then adds the disability payments to take into account that they are tax-free.

It is also important that veterans disability attorneys know how divorce will affect their disability compensation and how their ex spouses can slash their income. By being aware of these issues, veterans can ensure the security of their earnings and avoid any unintended consequences.