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How a veterans disability - click the following article, Settlement Can Affect a Divorce Case

Jim's 58-year-old client is permanently disabled due to 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 not. It will, however, affect his other sources of income.

Can I claim compensation for an accident?

You could be eligible for a settlement if you have served in the military, but are now permanently disabled as a result of injuries or illnesses. This settlement could help you get compensation for medical bills, lost wages and other expenses that result from your illness or injury. The kind of settlement you can get depends on whether or not your condition is service-connected or not connected, the VA benefits you qualify for, as well as the amount your injury or accident will cost to treat.

Jim is a 58 year veteran of the Vietnam war, was diagnosed as having permanent disabilities because of his two years of service. He does not have enough work space to be eligible for Social Security Disability benefits, however, he can claim the VA Pension which offers free medical care and cash dependent on the amount of money he needs. He wants to be aware of how a personal injury lawsuit will affect his eligibility to get this benefit.

The answer is dependent on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements are payments made over a long period of time rather than in a single payment and the amount received by the defendant is calculated to offset any existing VA benefits. In contrast, a lump sum payment will likely alter any existing benefits as the VA considers it to be income and will annually calculate it. If Jim has surplus assets after the settlement has been annualized and he wants to reapply, he will 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 require an Attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its impact on money issues in divorce cases. Some people think that the Department of Veterans Affairs' compensation payments are able to be divided like a military pension in a divorce or that they are "off limits" in calculation of child support and alimony. These misconceptions can lead to grave financial errors.

While it is possible to do an initial claim for disability benefits on your own, most disabled veterans disability law firm can benefit from the help of a qualified attorney. A veteran's disability attorney can look over your medical records and collect the evidence necessary to present a convincing case in front of the VA. The lawyer will also be able to file any appeals that you require to obtain the benefits you're entitled.

Furthermore, the majority of VA disability lawyers do not charge fees for consultations. The government also pays the lawyer directly from the benefit of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The amount of retroactive past due benefits your lawyer will be paid should be clearly stated in your fee agreement. A fee agreement could say that, for instance, the government would pay the attorney 20 percent of retroactive benefits. You are responsible for any additional sums.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA it is in the form of monthly payments. The purpose of the payments is to compensate for the effects of injuries, illnesses or disabilities sustained or aggravated during a veteran's service. As with all income, veterans disability benefits can be subject to garnishment.

Garnishment is a legal process that allows a court to require an employer or government agency to deduct funds from the pay of someone who owes money, and then send them directly to an individual creditor. In the event of a divorce, garnishment could be used to pay spousal or child support or child support.

There are some situations where the benefits of a veteran could be encashable. The most common situation involves veterans who have waived their military retirement in order to claim disability compensation. In these situations the amount of pension allocated to disability payments could be garnished to meet family support obligations.

In other cases, a veteran's benefits can be garnished to pay for medical expenses or past-due federal student loans. In these cases a judge can refer a case directly to the VA to obtain the information they need. It is crucial for a disabled veteran to find a competent attorney to ensure that their disability benefits aren't taken away. This will prevent them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous assistance to veterans and their families. However, they come with their own set complications. If a veteran is divorced and receives a VA settlement and is eligible, they should be aware of what this might do to their benefits.

A major issue in this context is whether or not the disability payments are considered divisible assets in a divorce. This question has been answered in two ways. One way is by a Colorado court of appeals ruling that concluded that VA disability payments are not property and can't be divided in this way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability payments to pay Alimony was against the USFSPA.

Another concern related to this topic is how the disability benefits are treated in the context of child maintenance and support. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. However, certain states have taken different approaches. For instance, Colorado adds up all sources of income to determine the amount in support a spouse requires and then adds disability benefits to take into the fact that they are tax-free.

It is also important to know how divorce can affect their disability benefits and how their spouses who divorced could take advantage of their compensation. If they are aware of these issues, veterans disability lawyers can ensure the security of their compensation and avoid unwanted consequences.