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How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled because of his service in the military. He is able to receive a monthly pension from the Department of Veterans Disability Law (Tujuan.Grogol.Us) Affairs.

He wants to know if the verdict of a jury will affect his VA benefits. The answer is not. It will, however, have an impact on the income sources of his other income sources.

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

If you've been in the military but are now permanently disabled as a result of injuries or illnesses, you may be eligible for a veterans disability attorney disability settlement. This settlement can assist in compensating you for medical expenses, lost income and other expenses resulting from your injury or sickness. The kind of settlement you'll be able to receive will depend on whether your medical condition is service-connected, or not connected, what VA benefits you qualify for, and how much your injury or accident will cost to treat.

Jim, a 58-year old Vietnam veteran, Veterans Disability Law was diagnosed as having permanent disabilities as a result of his two years of service. He does not have enough work space to be eligible for Social Security disability benefits but he does have a VA Pension benefit that provides cash and free medical assistance that is based on financial need. He would like to be aware of how a personal injury settlement will affect his eligibility to receive this benefit.

The answer will depend on whether the settlement is a lump-sum or a structured one. Structured settlements are settlements that are paid over a time frame rather than in a single payment and the amount received by the defendant is used to offset any existing VA benefits. A lump sum payment can affect any existing VA benefits as the VA will annually assess and count it income. In either case, if excess assets are left after the twelve month period when the settlement has been annualized Jim could reapply 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 Need to Hire an Attorney?

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

While it is possible to do an initial claim for disability benefits on your own, many disabled veterans disability lawsuit benefit from the assistance of a professional lawyer. A disability attorney for veterans can look over your medical records and collect the evidence necessary to make a strong case in front of the VA. The lawyer can also help to file any appeals that you require to secure the benefits you are entitled to.

Most VA disability lawyers don't charge for consultations. The government also pays the lawyer directly from your amount of retroactive 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 state that the government will pay the lawyer up to 20% of the retroactive benefits or provide. Any additional amounts will be your the responsibility of the attorney.

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 help offset the consequences of illnesses, disabilities or injuries that are sustained or aggravated by the veteran's military service. The benefits for veterans with disabilities are subject to garnishment like any other income.

Garnishment is a legal action that allows a court to make an order to an employer or government agency to withhold funds from the paycheck of a person who is in debt and to send them directly to an individual creditor. In the event of divorce, garnishment may be used to pay child or spousal care.

There are certain situations where a veteran's benefits can be repaid. The most common scenario involves the veteran who has waived their military retirement to get disability compensation. In these cases the amount of pension that is allocated to disability pay can also be garnished to fulfill the family support obligations.

In other cases it is possible for a veteran's benefits to be seized to pay medical expenses or past due federal student loans. In these instances the court might be able to direct the case to the VA to obtain the necessary information. A disabled veteran should hire an experienced attorney to secure their disability benefits. This can prevent them from relying on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great help to veterans and their families. However they have certain complications. If a person divorces and receives a VA settlement then they must know what this will do to their benefits.

In this case, the main question is whether disability benefits are considered assets which can be divided in a divorce. The issue has been resolved in a variety of ways. One way is by the Colorado court of appeals ruling that concluded that VA disability payments are not property and cannot be divided in that 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 issue is how disability benefits are interpreted in the context of child maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from claiming disability benefits as income. However, some states have adopted different approaches. Colorado for instance takes all income sources together to determine the amount needed to support a spouse and then adds disability payments to reflect their tax-free status.

It is also important that veterans know the impact divorce has on their disability compensation and how ex-spouses could slash their benefits. If they are aware of these issues, veterans can safeguard their compensation and avoid unwanted consequences.