Why Nobody Cares About Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

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

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

Can I Receive Compensation for an Accident?

You could be eligible for a settlement if have served in the military, but are now permanently disabled as a result of injuries or illnesses. This settlement will pay you for medical expenses, lost income and other expenses that resulted from your injury or sickness. The type of settlement that you are eligible for will depend on whether your illness or injury is service-related, what VA benefits you qualify to receive, and the amount to treat your injury or accident.

Jim is a 58 year veteran of the Vietnam war, was diagnosed as having permanent disabilities because of his two years of service. He doesn't have enough work space to qualify for Social Security Disability benefits, however, he can claim the VA Pension which offers free medical care and cash according to his financial need. He would like to be aware of what the implications of a personal injury settlement 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 time period rather than in a single payment, and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum settlement will probably impact any benefits already in place because the VA considers it as income and will increase it. In either case, if excess assets remain after the twelve-month period after the settlement is annually recalculated, Jim could apply again for the pension benefit, but only if his assets fall below a certain threshold that the VA is able to agree establishes financial need.

Do I have to hire an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and its effect on financial issues in a divorce case. In addition, some people think that the Department of roseland veterans disability lawsuit Affairs' compensation payments can be divided like a pension from a military service in divorce or are "off limits" when it comes to calculation of child support and alimony. These misconceptions can result in financial mistakes which can have serious consequences.

While it is possible to file an initial claim for disability benefits on your own, the majority of disabled veterans require the assistance of a skilled attorney. A qualified veteran's disability lawyer can review your medical documents and gather the necessary evidence to make a convincing case at the VA. The lawyer will also be able to file any appeals that you need to get the benefits you're entitled to.

The majority of VA disability lawyers do not charge for consultations. The government also pays the lawyer directly from your payment of retroactive benefits. This is one of the benefits of the Equal Access to Justice Act. The percentage of retroactive past-due benefits that your lawyer will be paid must be specified in your fee agreement. For instance the fee agreement could state that the government will pay the lawyer up to 20% of retroactive benefits or provide. You will be accountable for any additional amounts.

Can I Garnish My VA Benefits?

When disabled veterans receive compensation from the VA it is in the form of monthly payments. The funds are intended to help offset the effects of disabilities, diseases, or injuries sustained during or aggravated by a veteran's military service. Like all income, the veterans disability benefits could be subject to garnishment.

Garnishment is a legal process that allows a judge to decide that an employer or a government agency to deduct funds from the paycheck of a person who owes money, and then send them directly to the creditor. In the event of divorce, garnishment may be used to pay spousal support or child support.

There are a few circumstances where a veteran's disability benefits may be repaid. Most common is the veteran who renounced his retirement from the military in order to receive disability compensation. In these cases the portion of the pension allocated to disability payments can be garnished for family support obligations.

In other situations, veteran’s benefits can also be seized to cover medical expenses or federal student loans that are over due. In these instances, a court may be able to the VA to get the required information. It is vital for disabled orange city veterans disability attorney to hire a knowledgeable lawyer to ensure that their disability benefits are not garnished. This will help them avoid being forced to rely on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous help to Scott Veterans Disability Law Firm as well as their families. However they have certain complications. If a veteran divorces and receives a VA settlement it is important to be aware of what this might do to their benefits.

One of the major issues in this context is whether or not the disability payments are considered divisible assets in a divorce. The question has been answered in two ways. A Colorado court of appeals decision decided that VA disability payments were not property and therefore could not be divided in this manner. Another method is an U.S. Supreme Court ruling in Howell that held that garnishing a veteran's VA disability payments to pay for alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this issue is the treatment of disability benefits to children for maintenance and support. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income to be used for this purpose. However, some states have chosen to take different approaches. Colorado for instance, adds all income sources together to determine the amount needed to support a spouse. It then adds on disability payments to account for their tax-free status.

It is also vital that veterans understand the impact divorce has on their disability compensation and how ex-spouses can slash their income. By being aware of these issues, vets can safeguard their benefits and avoid unintended consequences.