Veterans Disability Litigation: The Good The Bad And The Ugly

How a Veterans Disability Settlement Can Affect a Divorce Case

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

He would like to know how a jury award will affect his VA benefits. It will not. But it will have some impact on his other sources of income.

Can I Receive Compensation for an Accident?

If you've served in the military and are permanently disabled as a result of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement will help pay you for medical bills, lost income and other expenses resulting from your illness or injury. 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.

Jim, a 58 year old Vietnam veteran was diagnosed with permanent disabilities due to his two years of service. He does not have enough working space to qualify for Social Security disability benefits but there is a VA Pension benefit that offers medical care and cash that is based on financial need. He would like to know how a personal injury settlement will affect his eligibility to get this benefit.

The answer is contingent upon whether the settlement is a lump-sum or a structured one. Structured settlements involve payments over a period of time, rather than a single payment. The amount paid by the defendant is calculated to offset the existing VA benefits. However, a lump sum payout is likely to affect any existing benefits because the VA considers it a tax-deductible income and will annually increase it. If Jim has assets that are not used up after the settlement has been annualized then he is eligible to be eligible for the pension benefit. However the assets must be less than a certain threshold that the VA has agreed establishes financial necessity.

Do I need to employ an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and the impact it has on the financial aspects of divorce cases. In addition, some people think that the Department of Veterans Affairs' compensation payments can be split as a military pension in divorce or are "off limits" in the calculation of child support and Alimony. These misconceptions may lead to grave financial errors.

It is possible to file a claim for disability benefits on your own however, the majority of disabled veterans will benefit from the assistance of a professional lawyer. A veteran's disability attorney can examine your medical records to gather the necessary evidence to prove your case before the VA. The lawyer will also be able to file any appeals you may require to obtain the benefits you're entitled to.

The majority of VA disability lawyers don't charge for consultations. In addition that the lawyer will normally be paid by the government directly from your retroactive past due benefits. This is one of the benefits of the Equal Access to Justice Act. The fee agreement should specify clearly the amount of retroactive benefits to be paid to your lawyer. A fee agreement could say for instance that the government will provide the attorney with 20% of retroactive benefits. Any additional amounts will be your obligation.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled Veterans disability law Firms. These payments are designed to offset some of the effects of disabilities, diseases or injuries sustained or aggravated during a veteran's military service. The benefits for veterans with disabilities are subject to garnishment, as is any other income.

Garnishment allows a court order that an employer or government agency withhold money from the pay of a person who is in the process of paying an amount and then pay it directly to a creditor. In the case of a divorce, garnishment could be used to pay spousal maintenance or child support.

However, there are certain situations in which a veteran's disability benefits may be garnished. The most frequent scenario involves a veteran who waived their military retirement to get disability compensation. In these cases the part of pension that is allocated to disability compensation can be garnished in order to pay for family support obligations.

In other cases, a veteran's benefits may also be garnished in order to cover medical expenses or federal student loans that are over due. In these instances, a court can go directly to the VA for the information they need. It is vital for a disabled veteran to work with a reputable lawyer to ensure that their disability benefits are not garnished. This will help them avoid having to rely on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are an excellent aid to veterans disability lawyers and their families. However they have their own set of complications. If a veteran is divorced and receives an VA settlement it is important to know what this will do to their benefits.

One of the major issues in this regard is whether disability payments are considered to be divisible assets in a divorce. The issue has been resolved in a couple of ways. A Colorado court of appeals ruling decided that VA disability payments were not property and could not be divided in this manner. Another method is a U.S. Supreme Court ruling in Howell which held that garnishing a veteran's VA disability payments to pay alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern related to this issue is the handling of disability benefits to children for support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from claiming disability benefits as income. Certain states employ a different approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse is entitled to and then pluses up the disability payments to take into the fact that they are tax-free.

In the end, it is crucial for veterans to understand how their disability compensation will be affected when they get divorced and how their spouses' ex-spouses could garnish their compensation. By being informed about these issues, veterans can safeguard their benefits as well as avoid any unintended consequences.