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How a Veterans Disability 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 wants to be aware of whether a verdict by a jury will impact his VA benefits. It will not. However, it will have an impact on the other sources of income he earns.

Can I get compensation for an accident?

You may be eligible for a settlement if were in the military but are now permanently disabled as a result of injuries or illnesses. This settlement can help you receive compensation for your medical bills, lost wages and other costs resulting from your injury or Veterans Disability Litigation illness. The type of settlement you can get will depend on whether the condition is service-connected or not connected, what VA benefits you are eligible for, and how much your accident or injury will cost to treat.

Jim, a 58-year old Vietnam veteran, was diagnosed as having permanent disabilities due to his two years of service. He does not have enough work space to qualify for Social Security disability benefits but there is a VA Pension benefit, which offers medical care and cash in accordance with financial need. He would like to know how a personal injury lawsuit will affect his eligibility to receive 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 settlements that are paid over a period of time rather than a single payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. However, Veterans Disability Litigation a lump sum payment will likely affect existing benefits since the VA considers it income and will annualize it. In either case, if excess assets are left after the 12 month period after the settlement is annually recalculated, Jim could reapply for the Pension benefit, but only if his assets are lower than a threshold with which the VA is able to agree establishes financial need.

Do I require an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and its effect on the financial aspects of divorce cases. Some people believe, among other things that Department of veterans disability attorney 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 can lead to financial mistakes that have serious consequences.

It is possible to file a claim for disability benefits by yourself, but most disabled veterans will require the help of a skilled lawyer. A skilled veteran's disability lawyer will examine your medical records and gather all the necessary evidence needed to build a strong argument to the VA. The lawyer can also file any appeals that you might need to receive the benefits you are entitled to.

In addition, the majority of VA disability lawyers don't charge fees for consultations. In addition the lawyer will usually be paid by the government directly out of your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The amount of retroactive past-due benefits your lawyer will be paid must be specified in your fee agreement. For example, a fee agreement can stipulate that the government will pay the lawyer up to 20% of retroactive benefits or pay. The attorney is 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 payments are intended to offset the effects of diseases, injuries or disabilities that were suffered or worsened during the veteran's time of service. Like all income, the benefits for veterans disability case with disabilities are subject to garnishment.

Garnishment lets a court order that an employer or a government agency withhold funds from the paycheck of a person who is in the process of paying a debt and send it directly to the creditor. In the event of a divorce the garnishment could be used for child or spousal maintenance.

There are a few situations in which a veteran's benefits can be encashable. The most common scenario is the veteran who has waived their military retirement in order to claim disability compensation. In these instances, the portion of pension that is allocated to disability benefits can be garnished in order to cover the obligations of family support.

In other circumstances, a veteran's benefits can be withdrawn to cover medical expenses or past due federal student loans. In these situations the court can go directly to the VA for the information they require. A disabled veteran should seek out an experienced attorney to protect their disability benefits. This will help them avoid having to rely on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge assistance to veterans and their families, but they don't come without their own set-of complications. For example the case where a veteran is divorced and receives a VA disability settlement, they need to know what this means for their benefits.

One of the major issues in this regard is whether disability payments count as divisible assets in a divorce. This question has been resolved in two ways. One way is by an Colorado court of appeals decision which concluded that VA disability payments are not property and can't be divided in that way. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability benefits for an alimony payment was a violation of USFSPA.

Another concern with 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. However, certain states have chosen to take an alternative approach. Colorado is one example. It adds all sources of income together to determine the amount required to support a spouse and then adds disability income in order to account for their tax-free status.

It is also essential that veterans disability attorneys know how divorce will affect their disability benefits and how their ex spouses could slash their benefits. If they are aware of these issues, veterans disability litigation (saldus.pilseta24.lv`s statement on its official blog) can protect their income and avoid unwanted consequences.