Why You Should Not Think About Improving Your 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 benefit from the Department of veterans disability lawsuit disability case - http://classicalmusicmp3freedownload.Com/ja/index.php?title=20_Amazing_Quotes_About_Veterans_Disability_Legal, Affairs.

He wants to know if a verdict of a juror will affect his VA benefits. The answer is that it will not. But it will have an impact on his other sources of income.

Can I Get Compensation in the event of an accident?

If you have served in the military and are permanently disabled because of injuries or illnesses, you may be eligible for a veterans disability attorneys disability settlement. This settlement can help compensate you for medical bills, lost income and other costs that resulted from your illness or Veterans Disability case injury. The type of settlement you could receive will depend on whether or not your injury or illness is related to service, what VA benefits you qualify for, and the amount you will need to treat your accident or injury.

Jim is a 58 year old Vietnam veteran was diagnosed with permanent disabilities because of his two years of service. He isn't in a position to have enough space for work to be eligible for Social Security Disability benefits, but he has an VA Pension that offers cash and veterans disability case medical care for free dependent on the amount of money he needs. He would like to be aware of whether a personal injury settlement would affect his ability receive this benefit.

The answer is dependent on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements are the ones that are paid over a period of time instead of in one payment and the amount received by the defendant is calculated to offset any existing VA benefits. In contrast, a lump sum payment will likely affect existing benefits since the VA considers it as income and will increase it. If Jim has surplus assets after the settlement has been annualized the applicant can apply again to receive the Pension benefit. However the assets must be less than a certain threshold that the VA has set that establishes financial necessity.

Do I Need to Hire an Attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and the impact it has on financial issues in a divorce case. Among other things, some people think that the Department of Veterans Affairs' compensation payments are able to be divided like a military pension in a divorce or that they are "off limits" in calculation of child support and alimony. These misconceptions could lead to grave financial errors.

While it is possible to make an initial claim for disability benefits on your own, most disabled veterans can benefit from the assistance of an experienced lawyer. A qualified veteran's disability lawyer can review your medical documents and gather the necessary evidence needed to build a strong case to the VA. The lawyer will also be able to submit any appeals you require to receive the benefits you're entitled.

Furthermore, the majority of VA disability lawyers don't charge fees for consultations. The government will also pay the lawyer directly from the award of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The amount of retroactive past-due benefits your lawyer will be paid should be clearly outlined in your fee agreement. A fee agreement could stipulate for instance that the government will pay the attorney 20 percent of retroactive benefits. The attorney is responsible for any additional sums.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans. These payments are designed to alleviate the effects of diseases, injuries or disabilities that have been sustained or aggravated during a veteran's service. Like other income sources, veterans disability benefits are subject to garnishment.

Garnishment is a legal process that permits a court to order an employer or government agency to omit funds from the pay of an employee who owes money, and then send them directly to an individual creditor. In the case of divorce, garnishment can be used to pay spousal maintenance or child support.

However, there are a few situations in which a veteran's disability benefits may be garnished. The most common scenario involves veterans who have waived their military retirement in order to receive disability compensation. In these instances, the portion of the pension allocated to disability payments could be garnished to meet family support obligations.

In other instances it is possible for a veteran's benefits to be garnished to pay for medical expenses or past-due federal student loans. In these instances, a court can go directly to the VA to obtain the information they require. A disabled veteran should seek out an experienced lawyer to protect their disability benefits. This will prevent them from having to rely on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great help to veterans disability case and their families. However they have their own set of complications. If a person divorces and receives an VA settlement it is important to know what this will do to their benefits.

One of the major issues in this regard is whether or not disability payments are considered divisible assets in a divorce. This question has been resolved in two ways. A Colorado court of appeals decision declared that VA disability payments were not property and therefore could not be divided this manner. Another way is through the U.S. Supreme Court ruling in Howell that ruled that garnishing a 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 related to this issue is how disability benefits are interpreted for purposes of child support and maintenance. Both the USFSPA, as well as the Supreme Court, prohibit states from counting disability benefits as income. However, some states have taken the opposite approach. 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 account that they are tax free.

Finally, it is important for veterans to be aware of how their disability benefits will be affected if they are divorced and how their ex-spouses can be able to garnish their compensation. By being informed about these issues, vets can protect their compensation and avoid unintended consequences.