What s The Job Market For Veterans Disability Litigation Professionals

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 benefit from the Department of Veterans Affairs.

He would like to know if a jury verdict will impact his VA benefits. The answer is that it will not. However, it will affect his other sources of income.

Can I get compensation for an accident?

If you've served in the military but are now permanently disabled due to injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement can assist in compensating you for medical bills, lost income, and other expenses resulting from your illness or injury. The type of settlement you'll get will depend on whether the condition is service-connected or non-service connected, what VA benefits you are eligible for, and how much your injury or accident will cost to treat.

Jim, a 58 year veteran of the Vietnam war, was diagnosed as having permanent disabilities as a result of his two years of service. He hasn't got enough work space to be eligible for Social Security disability benefits but the VA Pension benefit that provides cash and free medical assistance in accordance with financial need. He wants to learn how a personal injury settlement 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 are payments made over a time frame rather than as a single payment and the amount received by the defendant is calculated to offset any existing VA benefits. In contrast, a lump sum payout is likely to affect any existing benefits because the VA considers it to be income and will annually calculate it. In either case, if excess assets remain after the twelve month period when the settlement is annualized, Jim may be eligible to apply again for the Pension benefit, but only if his assets fall less than a minimum threshold that the VA determines to be a financial need.

Do I require an attorney?

Many spouses, service members and former spouses have questions about VA disability benefits and their impact on money issues during divorce. Some people believe, for instance, that the Department of veterans disability attorneys Affairs compensation payments can be split 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 mistakes which can have serious consequences.

It is possible to submit a claim for disability benefits yourself however, the majority of disabled veterans will benefit from the assistance of a professional lawyer. A veteran's disability attorney will examine your medical records in order to gather the necessary evidence to prove your argument before the VA. The lawyer can also file any appeals that you might require to receive the benefits you are entitled to.

Furthermore, the majority of VA disability lawyers do not charge fees for consultations. The government will also pay the lawyer directly from the payment of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should clearly state the proportion of retroactive benefits that will be paid to your lawyer. For instance an agreement on fees could specify that the government will pay the lawyer up to 20% of the retroactive benefits or award. The attorney is responsible for any additional amount.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA it is in the form of monthly payments. The payments are meant to compensate for some of the consequences of illnesses, disabilities or injuries sustained or aggravated due to a veteran's military service. Like all incomes, veterans disability benefits can be subject to garnishment.

Garnishment is a court-ordered procedure that an employer or government agency deduct money from the pay of a person who owes an amount and then pay it directly to a creditor. In the case of divorce, garnishment may be used to pay spousal maintenance or child support.

There are some situations where a veteran's benefits can be encashable. The most common scenario involves veterans who have waived their military retirement in order to receive disability compensation. In these cases the portion of the pension that is allocated to disability pay may be garnished for family support obligations.

In other circumstances, veteran's benefits may also be seized in order to pay medical bills or federal student loans that are over due. In these cases the court can go directly to the VA for the information they require. A disabled veteran should seek out an experienced lawyer to protect their disability benefits. This will allow them to avoid having to depend on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge aid to veterans and their families. However they have their own set complications. For instance in the event that a veteran gets divorced and is awarded an VA disability settlement, they should know what effect this will have on their benefits.

In this case the most important question is whether disability payments are considered to be assets that can be divided in a divorce. This question has been resolved in two ways. One is through a Colorado court of appeals decision, which found that VA disability payments are not property and therefore cannot be divided in this way. Another way is through the U.S. Supreme Court ruling in Howell that held that garnishing the veteran's VA disability benefits to pay an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern that is related to this issue is how disability benefits are interpreted to determine child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income to be used for this purpose. Certain states use different methods. Colorado for instance, adds all sources of income together to determine the amount required to support a spouse. The state then adds on disability payments in order to take into account their tax-free status.

In the end, it is crucial for veterans disability lawyers to be aware of how their disability benefits will be affected if they are divorced and how their spouses who divorced them can garnish their compensation. If they are aware of these questions, veterans can guard their compensation and avoid unintended consequences.