7 Small Changes That Will Make The Difference With Your Veterans Disability Litigation

How a veterans disability attorney Disability Settlement Can Affect a Divorce Case

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

He wants to know if the verdict of a jury will affect his VA benefits. The answer is that it will not. However, it could have an impact on his other sources of income.

Can I get compensation for an Accident?

You may be eligible for a settlement if you have served in the military, but are now permanently disabled as a result of injuries or illnesses. This settlement will allow you to receive compensation for veterans disability compensation your medical bills, lost wages, and other expenses that result from your injury or illness. The type of settlement you can receive will depend on whether your condition is service-connected or not connected, the VA benefits you are eligible for, and the amount your injury or accident will cost to treat.

For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities after two years of service in the Vietnam War. He does not have enough work space to qualify for Social Security disability benefits but he does have a VA Pension benefit, which offers cash and free medical assistance based on financial need. He would like to be aware of whether a personal injury settlement will affect his ability to receive this benefit.

The answer depends on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are payments made over a time frame instead of in one payment and the amount received by the defendant is used to offset any existing VA benefits. A lump sum settlement can impact any existing VA benefits because the VA will annually calculate and consider it to be income. In the event that there are any excess assets remain after the twelve-month period when the settlement is annualized, Jim could reapply for the pension benefit, but only if his assets fall less than a minimum threshold that the VA accepts as establishing financial need.

Do I Need to Hire an Attorney?

Many service members, spouses 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 Veterans Affairs' compensation payments can be split like a military pension in a divorce or that they are "off limits" when it comes to calculation of child support and alimony. These misconceptions could lead to financial mistakes that can have grave consequences.

It is possible to file a claim for disability benefits yourself However, most disabled veterans disability case would require the help of a professional lawyer. A qualified veteran's disability lawyer will examine your medical documents and gather the required evidence to present a strong case at the VA. The lawyer can also file any appeals that you might require to get the benefits you deserve.

Most VA disability lawyers do not charge for consultations. The government also pays the lawyer directly from your award of retroactive benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should specify clearly the percentage of retroactive benefits to be paid to your lawyer. A fee agreement could say that, for instance, the government will pay the attorney 20% of retroactive benefits. You are responsible for any additional amount.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. These payments are designed to alleviate the effects of illnesses, injuries or disabilities that have been sustained or aggravated during the course of a veteran's time of service. The veterans disability benefits are subject to garnishment, just like any other income.

Garnishment allows a court order that an employer or a government agency withhold cash from the pay of a person who is in the process of paying a debt and send it directly to a creditor. In the case of a divorce, garnishment could be used to pay spousal support or child support.

There are a few situations in which veterans' benefits could be repaid. Most often, it is the case of a veteran who has renounced his retirement from the military in order to receive disability compensation. In these instances the pension portion that is allocated to disability compensation can be garnished to cover the obligations of family support.

In other cases, a veteran's benefits can be withdrawn to cover medical expenses or past-due federal student loans. In these situations, a court can go directly to the VA to obtain the information they require. It is crucial for disabled veterans disability litigation to find a competent lawyer to ensure that their disability benefits are not garnished. This will stop them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a major help for veterans disability compensation (talks about it) and their families, however they're not without their own set-of complications. For instance the case where a veteran is divorced and is awarded a VA disability settlement, they need to know how this will affect the benefits they receive.

One of the major issues in this regard is whether or not disability payments count as divisible assets in a divorce. This issue has been addressed in a variety of ways. One way is by an Colorado court of appeals decision which concluded that VA disability payments are not property, and therefore cannot be divided in this way. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability benefits for the purpose of alimony was in violation of USFSPA.

Another concern related to this subject is how disability benefits are interpreted for purposes of child maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from counting disability benefits as income. However, certain states have chosen to take a different approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse requires and then pluses up the disability benefits to take into account that they are tax-free.

It is also essential to know how divorce will affect their disability compensation and how their ex spouses could take advantage of their compensation. By knowing about these issues, veterans can safeguard their earnings and avoid any unintended consequences.