It's The Complete Cheat Sheet For Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim’s client, a 58 year old man is permanently disabled due to his military service. He receives a monthly pension from the Department of Veterans Affairs.

He would like to find out if a verdict from a jury will affect his VA benefits. It won’t. However, it could have an impact on the other sources of income he has.

Can I get compensation in the event of an accident?

You could be eligible for a settlement if were a soldier but are now permanently disabled as a result of injuries or illnesses. This settlement can assist in compensating you for medical bills, lost income, and other costs that resulted from your injury or sickness. The type of settlement that you can receive will depend on whether or not your injury or illness is service-connected, what VA benefits you qualify for, as well as the cost to treat your accident or injury.

For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities based on two years of service in the Vietnam War. He isn’t in a position to have enough work space to be eligible for Social Security Disability benefits, however, he does have the VA Pension which offers free medical treatment and cash dependent on the amount of money he needs. He would like to learn how a personal injury lawsuit will affect his ability to get this benefit.

The answer will depend on whether the settlement is a lump-sum or a structured one. Structured settlements are based on payments over a period of time instead of one lump sum payment. The amount that defendant pays is calculated to offset the 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. In any event, if extra assets are left over after the 12 month period after the settlement is annually recalculated, Jim may be eligible to apply again for the Pension benefit, but only if his assets are less than a minimum threshold that the VA accepts as establishing financial need.

Do I require an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its effect on the financial aspects of divorce cases. Some people believe, for instance, that Department of veterans disability claim Affairs compensation payments can be split as an army retirement in divorce cases, or that they’re “off limits” when calculating child support and Alimony. These misconceptions could lead to serious financial mistakes.

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 veteran’s disability attorney can look over your medical records and gather the necessary evidence to prove your argument before the VA. The lawyer can also file any appeals you might need to receive the benefits you are entitled to.

Moreover, most VA disability lawyers do not charge fees for consultations. Additionally the lawyer will typically be paid by the government directly from your retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The amount of retroactive past due benefits that your lawyer will be paid should be clearly stated in your fee agreement. A fee agreement could state, for example, that the government will pay the attorney 20% of retroactive benefits. You will be accountable for any additional amount.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans disability legal. These payments are designed to help offset the impact of illnesses, injuries or disabilities sustained or aggravated by a veteran’s service. The veterans disability benefits are subject to garnishment just like other incomes.

Garnishment is a legal action that allows a judge to require an employer or government agency to take money from the wages of a person who owes money, and then send them directly to a creditor. In the event of a divorce, garnishment could be used to pay spousal maintenance or child support.

However, there are certain situations where disability benefits may be repaid. Most often, it is the case of a veteran who has waived his military retirement to receive disability compensation. In these instances the amount of pension that is allocated to disability compensation can be garnished in order to meet family support obligations.

In other situations, Veterans Disability Settlement a veteran’s benefits can be seized to pay medical expenses or past-due federal student loans. In these instances a court may be able to directly to the VA to get the required information. It is essential for a disabled veteran to hire a knowledgeable attorney to ensure that their disability benefits are not garnished. This will prevent them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge aid to veterans disability claim and their families, however they come with their own set of complications. For instance in the event that a veteran gets divorced and receives an VA disability settlement, they need to know how this could affect the benefits they receive.

In this context, the main question is whether disability payments count as assets which can be divided in divorce. The question has been answered in two ways. A Colorado court of appeals ruling found that VA disability payments were not property and could not be divided in this manner. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability payments to pay an alimony payment was a violation of USFSPA.

Another concern with this issue is the handling of disability benefits to children for support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. However, some states have taken the opposite approach. For instance, Veterans Disability Settlement Colorado adds up all sources of income to determine how much in support a spouse requires and then adds the disability benefits 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 ex-spouses can take advantage of their benefits. By being informed about these issues, veterans can protect their compensation and avoid unintended consequences.