What Is Veterans Disability Litigation Heck What Is Veterans Disability Litigation

How a veterans disability settlement (visit the next page) 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 benefit from the Department of Veterans Affairs.

He would like to know if a jury verdict will affect his VA benefits. The answer is not. However, it will have an impact on his other income sources.

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

If you've been in the military and are permanently disabled due to injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement will help pay you for medical expenses, lost income and other costs that resulted from your injury or sickness. The kind of settlement you could receive will depend on whether or not your injury or illness is a result of a service connection, the VA benefits you are eligible for, and the amount you will need to treat your accident or injury.

Jim, a 58-year old Vietnam veteran, was diagnosed as having permanent disabilities as a result of his two years of service. He does not have enough space for work to be eligible for Social Security Disability benefits, however, he does have an VA Pension that offers cash and medical care for free according to his financial need. He wants to know how a personal injuries settlement will affect his eligibility to benefit from this benefit.

The answer depends on if the settlement is a lump-sum or a structured one. Structured settlements consist of installments over time, rather than one lump sum payment. The amount that defendant pays is calculated to offset existing VA benefits. A lump sum settlement will affect any existing VA benefits as the VA will annualize and consider it income. If Jim has excess assets after the settlement is annualized, he can reapply to be eligible for the pension benefit. However, his assets must be under a limit that the VA has determined to be a financial necessity.

Do I require an attorney?

Many spouses, military personnel, and former spouses have questions about VA disability benefits and their impact on financial issues during a divorce. Some people believe, among other things, that Department of Veterans Affairs compensation payments can be split like a military retirement in divorce cases or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions can lead to financial errors that can have grave consequences.

It is possible to submit a claim for disability benefits on your own however, the majority of disabled veterans disability attorney will require the help of a skilled lawyer. A veteran's disability attorney will examine your medical records to gather the evidence required to make a strong case in front of the VA. The lawyer will also be able to submit any appeals you require to obtain the benefits you deserve.

Most VA disability lawyers don't charge for consultations. Additionally the lawyer will typically be paid by the government directly out of your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should clearly specify the amount of retroactive benefits that will be paid to your lawyer. For instance your fee agreement may stipulate that the government will pay the lawyer up to 20% of retroactive benefits or award. You are responsible for any additional costs.

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. These payments are designed to help offset the effects of disability, illness or injuries incurred during or aggravated due to a veteran's military service. The benefits for veterans disability compensation' disability are subject to garnishment like any other income.

Garnishment is a legal action which allows a court require an employer or government agency to omit funds from the pay of someone who owes money and send them directly to the creditor. In the case of divorce, garnishment can be used to pay for spousal support or child support.

However, there are some situations in which a veteran's disability benefits are able to be repaid. The most frequent scenario involves a veteran who waived their military retirement to receive disability compensation. In these scenarios the pension portion that is allocated to disability benefits can be garnished to cover the obligations of family support.

In other cases it is possible for a veteran's benefits to be withdrawn to cover medical expenses or past-due federal student loans. In these cases a judge can refer a case directly to the VA for the information they require. It is vital for a disabled veteran to retain a knowledgeable lawyer to ensure that their disability benefits are not taken away. This will help them avoid being forced to rely on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous assistance to veterans and their families. However, they come with specific complications. If a veteran divorces and receives an VA settlement, he or veterans Disability settlement she should be aware of what this might do to the benefits they receive.

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

Another concern related to this subject is how disability benefits are treated in the context of child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income to be used for this purpose. However, some states have chosen to take a different approach. Colorado, for example, takes all income sources together to determine the amount required to support a spouse. It then adds on disability payments to account for their tax-free status.

It is also vital that veterans disability case understand the impact divorce has on their disability compensation and how their spouses who divorced can slash their income. By knowing about these issues, veterans disability attorneys can safeguard their benefits and avoid unwanted consequences.