Veterans Disability Litigation: 10 Things I Wish I d Known Earlier

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 plainfield veterans disability attorney Affairs.

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

Can I receive compensation in the event of an accident?

You could be eligible for a settlement if you were in the military but are now permanently disabled because of injuries or illnesses. This settlement could help you receive compensation for your medical expenses, lost wages, and other expenses resulting from your injury or illness. The kind of settlement you'll get will depend on whether the condition is service-connected or not connected, what VA benefits you are eligible for, as well as the amount your injury or accident will cost to treat.

Jim is a 58 year veteran of the Vietnam war, was diagnosed as having permanent disabilities due to his two years of service. He does not have enough work space to qualify for Social Security disability benefits but there is a VA Pension benefit, which offers cash and free medical assistance that is based on financial need. He would like to learn how a personal injury lawsuit will affect his eligibility to receive this benefit.

The answer is dependent on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are settlements that are paid over a time period instead of in one payment and the amount paid by the defendant is used to offset any existing VA benefits. In contrast, a lump sum payment will likely impact any benefits already in place because the VA considers it a tax-deductible income and will annually increase it. In any case, if there are excess assets remain after the twelve month period after the settlement is annually recalculated, Jim could reapply for the pension benefit, vienna veterans disability Lawsuit but only if his assets are below a certain threshold that the VA agrees establishes financial need.

Do I need to hire an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and the impact it has on the financial aspects of a divorce case. Some people think, for instance, that Department of geneva veterans disability Affairs compensation payments can be split as the military retirement in divorce proceedings or that they're "off limits" when calculating child support and Alimony. These misconceptions can lead to serious financial errors.

It is possible to submit an application for disability benefits on your own, but most disabled la vergne veterans disability lawsuit will require the help of a skilled lawyer. A veteran's disability attorney can review your medical records to gather the evidence needed to make a strong case to the VA. The lawyer can also file any appeals you might need to get the benefits you are entitled to.

Most VA disability lawyers do not charge for consultations. The government also pays the lawyer directly from the amount of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The proportion of retroactive past-due benefits that your lawyer will be paid must be specified in your fee agreement. A fee agreement could stipulate that, for example, the government would give the attorney up to 20% of retroactive benefits. Any additional amounts are your responsibility.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. The payments are meant to help offset the consequences of illnesses, disabilities or injuries that are sustained or aggravated during a veteran's military service. The benefits for veterans with disabilities are subject to garnishment just like other incomes.

Garnishment is a court-ordered procedure that an employer or government agency withhold funds from the paycheck of an individual who owes an amount and then pay it directly to a creditor. In the event of divorce, garnishment can be used to pay spousal maintenance or child support.

There are a few situations in which a veteran's benefits can be garnished. The most common scenario is a veteran who waived their military retirement to get disability compensation. In these situations the part of pension that is allocated to disability pay can also be garnished to pay for family support obligations.

In other circumstances, a veteran's benefits can be withdrawn to cover medical expenses or past due federal student loans. In these cases the court could go directly to the VA to obtain the information they require. It is important for a disabled veteran to retain a knowledgeable lawyer to ensure that their disability benefits aren't being snatched away. This can prevent 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 and their families, however they don't come without their own set of complications. If a veteran is divorced and receives an VA settlement, he or she should be aware of what this might do to their benefits.

One of the major issues in this regard is whether or not the disability payments count as divisible assets in a divorce. This question has been resolved in two ways. One option is a Colorado court of appeals ruling that concluded that VA disability payments are not property and cannot be divided as such. Another way is through the U.S. Supreme Court ruling in Howell which ruled that garnishing the veteran's VA disability payments to pay for the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this subject is the treatment of disability benefits for child support and maintenance. Both the USFSPA as well as the Supreme Court, prohibit states from claiming disability benefits as income. Certain states employ different approaches. For instance, Colorado adds up all sources of income to determine how much in support a spouse is entitled to and then adds disability payments to take into account that they are tax free.

It is also essential that Vienna Veterans Disability Lawsuit know the impact divorce has on their disability compensation and how their ex spouses can slash their income. By being informed about these issues, vienna Veterans Disability lawsuit vets can protect their compensation and avoid the unintended consequences.