"Ask Me Anything": Ten Responses To Your Questions 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 as a result of his military service. He receives a monthly pension from the Department of Veterans Affairs.

He wants to know how the verdict of a jury will affect his VA benefits. It won't. However, it will have an impact on the other sources of income he earns.

Do I have the right to receive compensation in the event of an accident?

If you've served in the military and are permanently disabled as a result of injuries or illnesses, you may be eligible for a veterans disability compensation disability settlement. This settlement will pay you for medical bills, lost income, and other expenses that resulted from your injury or sickness. The kind of settlement you are eligible for will depend on whether or not your illness or injury is service-related, what VA benefits you qualify for, and the cost to treat your accident or injury.

Jim is a 58 year veteran of Vietnam was diagnosed with permanent disabilities because of his two years of service. He does not have enough working space to be eligible for Social Security disability benefits but he does have a VA Pension benefit which provides cash and free medical care that is based on financial need. He wants to determine if a personal accident settlement would affect his eligibility to get this benefit.

The answer depends on if the settlement is a lump sum or a structured one. Structured settlements are the ones that are paid over a long period of time rather than in a single payment and the amount received by the defendant is calculated to offset any existing VA benefits. A lump sum payment will likely affect existing benefits since the VA considers it to be income and will annually calculate it. In either case, if excess assets are left after the twelve month period after the settlement is annually recalculated, Jim may be eligible to apply again for the pension benefit, but only if his assets fall lower than a threshold with which the VA is able to agree establishes financial need.

Do I require 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 can be split like a pension from a military service 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.

It is possible to file an application for disability benefits yourself, but most disabled veterans will benefit from the assistance of a qualified lawyer. A veteran's disability attorney will examine your medical records to gather the necessary evidence to make a strong case in front of the VA. The lawyer can also file any appeals that you might require to get the benefits you deserve.

Furthermore, the majority of VA disability lawyers charge no fees for consultations. The government also pays the lawyer directly from the amount of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should specify clearly the proportion of retroactive benefits to be paid to your lawyer. For example the fee agreement could specify that the government will pay the lawyer up to 20% of retroactive benefits or give. The attorney is responsible for any additional sums.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans disability attorney. These payments are designed to compensate for some of the effects of diseases, disabilities, or injuries sustained during or aggravated during a veteran's military service. As with all income, veterans disability benefits are subject to garnishment.

Garnishment is a legal action that allows a judge to decide that an employer or veterans disability case a government agency to withhold funds from the pay of someone who owes money, and then send them directly to an individual creditor. In the case of a divorce, garnishment may be used to pay spousal support or child support.

However, there are a few situations in which a veteran's disability benefits can be repaid. The most frequent scenario involves those who have renounced their military retirement to get disability compensation. In these situations the pension portion that is allocated to disability pay can also be garnished to pay for family support obligations.

In other situations veterans disability case (daveydreamnation.com's website)' benefits could be seized to pay medical expenses or past due federal student loans. In these instances a judge can refer a case directly to the VA for the information they require. It is crucial for disabled veterans to retain a knowledgeable lawyer to ensure that their disability benefits are not removed. This will allow them to avoid having to depend on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous assistance to veterans disability lawyer and their families. However they also come with their own set of complications. If a person divorces and receives a VA settlement, he or she should know what this will do to their benefits.

In this context the most important question is whether or not disability payments are considered to be assets that could be divided during a divorce. This issue has been settled in a couple of ways. One method is the Colorado court of appeals decision, veterans disability case which found that VA disability payments are not property and therefore cannot be divided as such. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability payments for alimony 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 claiming disability benefits as income for these purposes. Some states have different methods. Colorado for instance adds all income sources together to determine the amount required to support a spouse and then adds on disability payments to reflect their tax-free status.

It is also important that veterans are aware of how divorce can affect their disability compensation and how their ex spouses can garnish their compensation. By being informed about these issues, veterans can protect their compensation and avoid the unintended consequences.