10 Tips To Know About Veterans Disability Litigation

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 is able to receive a monthly pension from the Department of Veterans Affairs.

He would like to find out if a verdict from a jury will impact his VA benefits. The answer is that it will not. It will, however, affect the income sources of his other income sources.

Do I have the right to receive compensation for an accident?

If you have served in the military, and are permanently disabled because of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement can help compensate you for medical bills, lost income and other costs that resulted from your injury or sickness. The type of settlement you are eligible for will depend on whether your injury or illness is service-related, what VA benefits you are eligible for, and the amount you will need to treat your injury or accident.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities following two years of service in the Vietnam War. He does not have enough working space to qualify for Social Security disability benefits but He does have a VA Pension benefit which provides cash and free medical assistance dependent on financial need. He wants to understand how a personal injury settlement will affect his ability to get this benefit.

The answer depends on if the settlement is a lump-sum or a structured one. Structured settlements are settlements that are paid over a period of time rather than a single payment, and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payment will likely alter any existing benefits as the VA considers it as income and will increase it. If Jim has extra assets after the settlement is annualized then he is eligible to receive the Pension benefit. However, his assets must be below a threshold the VA has agreed establishes financial necessity.

Do I require an Attorney?

Many spouses, service members and former spouses have questions about VA disability payments and their effect on financial issues during a divorce. In addition, some people think that the Department of veterans disability law firms Affairs' compensation payments are able to be divided as a military pension in divorce or are "off limits" when it comes to calculation of child support and alimony. These misconceptions can lead to serious financial mistakes.

While it is possible to make an initial claim for disability benefits on your own, most disabled veterans get the assistance of a skilled attorney. A veteran's disability attorney can look over your medical records and collect the evidence necessary to prove your case in front of the VA. The lawyer can also file any appeals that you might need to get the benefits you deserve.

Additionally, the majority of VA disability lawyers do not charge fees for consultations. The government will also pay the lawyer directly from your benefit of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should specify clearly the percentage of retroactive benefits to be paid to your lawyer. For instance your fee agreement may specify that the government will pay the attorney up to 20% of retroactive benefits or give. Any additional amounts will be your the responsibility of the attorney.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA it is in the form of monthly payments. These payments are designed to alleviate the effects of illnesses, injuries or disabilities that were sustained or worsened during the veteran's time of service. The veterans disability benefits are subject to garnishment just like other incomes.

Garnishment is a legal process which allows a court make an order to an employer or government agency to withhold funds from the paycheck of a person who owes money and send them directly to a creditor. In the event of divorce, garnishment can be used for child or spousal care.

There are some situations where the benefits of a veteran could be garnished. The most common scenario is that of a veteran who has renounced his military retirement in order to receive disability compensation. In these cases the portion of the pension apportioned to disability pay can be garnished for family support obligations.

In other circumstances, veteran's benefit may be seized in order to pay for medical expenses or federal student loans that are past due. In these cases the court could go directly to the VA to obtain the information they require. It is essential for disabled veterans to work with a reputable attorney to ensure that their disability benefits aren't taken away. This will prevent them from having to rely on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great assistance to veterans and their families. However they have their own set complications. If a veteran is divorced and receives an VA settlement then they must be aware of the implications to their benefits.

A major issue in this regard is whether disability benefits are considered divisible assets in a divorce. This question has been resolved in a couple of ways. A Colorado court of appeals decision found that VA disability payments were not property and therefore could not be divided this way. Another method is the U.S. Supreme Court ruling in Howell that ruled 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 issue is the handling of disability benefits to children for support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income for these purposes. Certain states take an alternative approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse will need and then adds the disability payments to take account that they are tax-free.

It is also crucial that veterans disability lawyer understand how divorce will affect their disability benefits and how their spouses who divorced could take advantage of their compensation. By being aware of these issues, veterans can protect their income and avoid any unintended consequences.