Where Will Veterans Disability Litigation Be One Year From In The Near Future

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, 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 if a jury award will impact his VA benefits. The answer is not. It will, however, 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?

You could be eligible to receive a settlement if you were in the military but are now permanently disabled as a result of injuries or illnesses. This settlement can allow you to receive compensation for your medical expenses, lost wages, and Veterans Disability Settlement other costs resulting from your illness or injury. The type of settlement you can get will depend on whether the health condition is non-service connected, what VA benefits you qualify for, as well as the amount your accident or injury will cost to treat.

Jim, a 58-year old Vietnam veteran was diagnosed with permanent disabilities because of his two years of service. He hasn't got enough work space to qualify for Social Security disability benefits but there is a VA Pension benefit, which offers cash and medical treatment for free dependent on financial need. He wants to learn how a personal injury settlement can affect his ability to benefit from this benefit.

The answer depends on if the settlement is a lump-sum or a structured one. Structured settlements require installments over time rather than one payment. The amount paid by defendant is calculated to offset the existing VA benefits. A lump sum settlement can impact any existing VA benefits as the VA will annually assess and count it as income. In either case, if excess assets are left over after the twelve month period when the settlement has been annualized Jim may be eligible to apply again for the Pension benefit but only if his assets are less than a minimum threshold that the VA agrees establishes financial need.

Do I require an attorney?

Many spouses, military personnel, and former spouses have questions about VA disability payments and their effect on financial issues in divorce. There are many other reasons, but some people think that the Department of Veterans Affairs' compensation payments can be split as a military pension in divorce or are "off limits" in calculation of child support and Alimony. These misconceptions could lead serious financial errors.

While it is possible to file an initial claim for disability benefits by yourself, the majority of disabled veterans disability lawyers can benefit from the help of a qualified attorney. A veteran's disability lawyer who is experienced will review your medical documents and gather the necessary evidence to make a convincing case to the VA. The lawyer can also file any appeals you may require to get the benefits you deserve.

The majority of VA disability lawyers don't charge for consultations. Additionally, the lawyer will generally be paid by the government directly from your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should specify clearly the amount of retroactive benefits to be paid to your lawyer. A fee agreement may stipulate that, for instance, the government would pay the attorney 20% of retroactive benefits. Any additional amounts will be your responsibility.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans disability litigation. The funds are meant to compensate for the effects of injuries, Veterans Disability Settlement diseases or disabilities that were suffered or aggravated during a veteran's time of service. As with all income, veterans disability benefits can be subject to garnishment.

Garnishment is a legal procedure that allows a court to decide that an employer or a government agency to omit funds from the wages of a person who is in debt and to send them directly to the creditor. In the event of a divorce the garnishment could be used for child or spousal support.

There are some situations where veterans' benefits could be garnished. The most common scenario involves veterans who have waived their military retirement in order to claim disability compensation. In these cases, the portion of pension that is devoted to disability benefits can be garnished in order to cover the obligations of family support.

In other instances, a veteran's benefit may be seized in order to pay medical expenses or federal student loans that are over due. In these situations, a court may be able to directly to the VA to get the required information. A disabled veteran should employ an experienced attorney to secure their disability benefits. This will prevent them from having to depend on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great help to veterans disability claim as well as their families. However they do come with specific complications. For example in the event that a veteran gets divorced and receives a VA disability settlement, they must be aware of what effect this will have on their benefits.

One of the major issues in this context is whether or not the disability payments are considered to be divisible assets in a divorce. This question has been resolved in a couple of ways. One is through an Colorado court of appeals ruling that 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 issue that is related to this issue is the handling of disability benefits to children for maintenance and support. Both the USFSPA and the Supreme Court, prohibit states from utilizing disability benefits as income. However, some states have taken an alternative approach. Colorado is one example. It adds all income sources together to determine the amount required to provide for a spouse. Colorado then adds on disability payments in order to take into account their tax-free status.

It is also important that veterans disability compensation understand how their disability benefits will be affected if they become divorced and how their ex-spouses can garnish their compensation. By being aware of these issues, veterans can ensure their compensation as well as avoid any unintended consequences.