"Ask Me Anything:10 Responses To Your Questions About Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

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

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

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

You may be eligible to receive a settlement if you were a soldier but are now permanently disabled because of injuries or illnesses. This settlement can allow you to receive compensation for your medical expenses, lost wages, and other expenses that result from your injury or illness. The kind of settlement you'll receive will depend on whether your medical condition is service-connected, or not connected, the VA benefits you qualify for, and the amount your accident or injury will cost to treat.

Jim, a 58-year veteran of the Vietnam war was diagnosed with permanent disabilities as a result of his two years of service. Jim does not have enough work space to be eligible for Social Security Disability benefits, however, he is able to claim a VA Pension that provides free medical care and cash depending on the financial needs of his. He would like to learn how a personal injuries settlement will affect his ability to be eligible for this benefit.

The answer is contingent upon whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements require the payment of over time instead of a single payment. The amount paid by the defendant is calculated to offset existing VA benefits. A lump sum payout will likely affect any existing benefits because the VA considers it as income and will increase it. If Jim has excess assets after the settlement is annually adjusted then he is eligible to be eligible for the pension benefit. However the assets he has to be under a limit that the VA has set to establish financial necessity.

Do I really need to hire an Attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and the impact it has on financial issues in divorce cases. Among other things, some people believe that the Department of Veterans Affairs' compensation payments are able to be divided as a military pension in divorce or are "off limits" in the calculation of child support and Alimony. These misconceptions could lead serious financial mistakes.

While it is possible to file an initial claim for disability benefits on your own, many disabled veterans disability law firms (visit the following page) get the assistance of an experienced lawyer. An experienced veteran's disability lawyer will examine your medical documents and gather the required evidence to make a convincing case at the VA. The lawyer will also be able to make any appeals you require to obtain the benefits you are entitled to.

In addition, the majority of VA disability lawyers don't charge fees for consultations. The government also pays the lawyer directly from your payment of retroactive benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should clearly specify the proportion of retroactive benefits that will be paid to your lawyer. For instance your fee agreement may provide that the government can pay the attorney up to 20% of the retroactive benefits or provide. The attorney is responsible for any additional amounts.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA the compensation is paid in the form of monthly payments. The funds are meant to help offset the impact of injuries, diseases or disabilities that have been sustained or aggravated during the course of a veteran's time of service. The veterans disability lawsuits disability benefits are subject to garnishment as is any other income.

Garnishment allows a court order that an employer or government agency deduct funds from the paycheck of a person who owes the debt and pay it directly to the creditor. In the event of divorce, garnishment could be used to pay for spousal support or child support.

However, there are a few situations in which a veteran's disability benefits are able to be refunded. The most common scenario involves those who have renounced their military retirement in order to claim disability compensation. In these situations the pension portion that is devoted to disability compensation can be garnished in order to fulfill the family support obligations.

In other instances veterans' benefits could be withdrawn to cover medical expenses or past-due federal student loans. In these instances a judge can refer a case directly to the VA to obtain the information they need. It is essential for disabled veterans to hire a knowledgeable lawyer to ensure that their disability benefits aren't being snatched away. This will prevent them from being forced to rely on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are an excellent help to veterans and their families. However they do come with their own set complications. For instance, if a veteran gets divorced and is awarded an VA disability settlement, they should be aware of what this means for their benefits.

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

Another concern related to this issue is how disability benefits are interpreted in the context of child support and maintenance. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income to be used for this purpose. Certain states take an alternative approach. Colorado is one example. It adds all sources of income together to determine the amount needed to support a spouse. It then adds disability income to reflect their tax-free status.

In the end, it is crucial for veterans to be aware of how their disability compensation will be affected if they are divorced and how their spouses who divorced them can garnish their compensation. By being informed about these issues, veterans can ensure their compensation and avoid any unintended consequences.