5 Laws That Anyone Working In Veterans Disability Litigation Should Know

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled from his time in the military. He receives a monthly Pension benefit from the Department of Veterans Affairs.

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

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

If you've been in the military and are now permanently disabled due to injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement will pay you for medical bills, lost income and other expenses that resulted from your injury or sickness. The type of settlement you'll get will depend on whether the health condition is non-service connected, what VA benefits you qualify for, and what your injury or accident will cost to treat.

Jim, a 58-year old Vietnam veteran was diagnosed with permanent disabilities due to his two years of service. He does not have enough space for work to qualify for Social Security Disability benefits, however, he is able to claim the VA Pension which offers free medical care and cash according to his financial need. He wants to understand how a personal injury lawsuit will affect his ability to benefit from this benefit.

The answer is dependent on whether the settlement is a lump sum or a structured one. Structured settlements require payments over time rather than a single payment. The amount that defendant pays is calculated to offset the existing VA benefits. A lump sum payment will affect any existing VA benefits since the VA will annualize and consider it income. If Jim has excess assets after the settlement is annually adjusted then he is eligible to be eligible for the pension benefit. However his assets must be below a minimum threshold that the VA has agreed 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 the impact it has on money issues in divorce cases. Some people believe, among other things, that Department of Veterans Affairs compensation payments are split like a military retirement in divorce proceedings or that they're "off limits" when calculating child support and Alimony. These misconceptions may lead to serious financial errors.

While it is possible to make an initial claim for disability benefits on your own, the majority of disabled veterans benefit from the assistance of a skilled lawyer. An experienced veteran's disability lawyer will review your medical records and gather the necessary evidence needed to build a strong argument to the VA. The lawyer can also help to file any appeals you may need to get the benefits you're entitled.

In addition, the majority of VA disability lawyers don't charge fees for consultations. In addition, the lawyer will generally be paid by the government directly from your retroactive past due benefits. This is an advantage of the Equal Access to Justice Act. The amount of retroactive past-due benefits your lawyer will receive should be clearly stated in your fee agreement. For example, a fee agreement can provide that the government can pay the lawyer up to 20% of retroactive benefits or pay. Any additional amounts will be your the responsibility of the attorney.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. The funds are meant to alleviate the effects of diseases, injuries or disabilities that have been sustained or aggravated by a veteran's service. The benefits for veterans disability lawyer' disability are subject to garnishment just like any other income.

Garnishment is a court-ordered procedure that an employer or government agency stop money from the wages of an individual who owes a debt and send it directly to the creditor. In the case of a divorce, garnishment can be used to pay spousal support or child support.

There are a few situations where disability benefits may be repaid. The most frequent is the veteran who has renounced his retirement from the military in order to receive disability compensation. In these situations the amount of pension that is allocated to disability pay can also be garnished to meet family support obligations.

In other instances it is possible for a veteran's benefits to be seized to pay medical expenses or past due federal student loans. In these situations a judge can refer a case directly to the VA for the information they require. It is essential for disabled veterans to find a competent lawyer to ensure that their disability benefits are not removed. This can prevent 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 big assistance to veterans and their families, but they come with their own set-of complications. If a veteran divorces and receives an VA settlement, he or she should be aware of the impact this could have to their benefits.

In this regard, a major question is whether disability payments are considered assets that could be divided in a divorce. This issue has been settled in a couple of ways. One way is by the Colorado court of appeals ruling that concluded that VA disability payments are not property, and law therefore cannot be divided as such. The other way is by an U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability payments to pay an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this subject is how disability benefits are treated to determine child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income for these purposes. However, some states have chosen to take the opposite approach. Colorado is one example. It takes all income sources together to determine the amount required to support a spouse. The state then adds on disability payments to reflect their tax-free status.

Finally, it is important for veterans to understand how their disability benefits will be affected if they are divorced and how their ex-spouses can take advantage of their benefits. If they are aware of these issues, veterans disability lawyers can ensure the security of their income and avoid unintended consequences.