10 Quick Tips About Veterans Disability Litigation

How a veterans disability case 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 benefit from the Department of veterans disability compensation Affairs.

He would like to know if a verdict of a juror will impact his VA benefits. The answer is not. It will, however, affect his other income sources.

Can I get compensation in the event of an accident?

If you've been in the military and are now permanently disabled due to injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement will help pay you for medical expenses, lost income and other costs that resulted from your illness or injury. The kind of settlement you could receive will depend on whether your illness or injury is related to service, what VA benefits you are eligible for, and the cost to treat your injury or accident.

Jim, a 58 year old Vietnam veteran was diagnosed with permanent disabilities as a result of his two years of service. He does not have enough working space to qualify for Social Security disability benefits but the VA Pension benefit, which offers cash and free medical care in accordance with financial need. He would like to understand how a personal injury settlement will affect his ability to receive this benefit.

The answer will depend on whether the settlement is a lump sum or a structured one. Structured settlements are the ones that are paid over a time frame rather than a single payment and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum payment can affect any existing VA benefits since the VA will annually evaluate and consider it income. In any case, if there are excess assets are left after the twelve month period when the settlement is annualized Jim could reapply for the Pension benefit but only if his assets fall lower than a threshold with which the VA determines to be a financial need.

Do I need to employ an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its impact on money issues in divorce cases. In addition, some people believe that the Department of Veterans Affairs' compensation payments can be divided as a military pension in a divorce or veterans disability Settlement that they are "off limits" when it comes to calculation of child support and Alimony. These misconceptions can lead to financial errors that can have grave consequences.

It is possible to submit an application for disability benefits by yourself, but most disabled veterans will require the help of a professional lawyer. A veteran's disability attorney will look over your medical records and collect the evidence necessary to make a strong case before the VA. The lawyer can also file any appeals you may require to receive the benefits you are entitled to.

Most VA disability lawyers do not charge for consultations. Additionally the lawyer will usually be paid by the government directly out of the retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should specify clearly the amount of retroactive benefits to be paid to your lawyer. For example your fee agreement may stipulate that the government will pay the attorney up to 20% of retroactive benefits or award. The attorney is responsible for any additional amounts.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA it is received in the form of monthly payments. The payments are intended to alleviate the effects of injuries, illnesses or disabilities that were suffered or aggravated by a veteran's time of service. The veterans disability lawsuit disability benefits are subject to garnishment as is any other income.

Garnishment is a legal action that allows a court to order an employer or government agency to deduct funds from the pay of an employee who owes money and send them directly to an individual creditor. In the event of divorce, garnishment can be used for child or spousal maintenance.

There are certain situations where the benefits of a veteran could be repaid. The most frequent scenario involves a veteran who waived their military retirement to receive disability compensation. In these instances, the portion of the pension allocated to disability payments can be garnished to pay family support obligations.

In other cases, a veteran’s benefits can also be garnished in order to pay medical expenses or federal student loans that are past due. In these cases, a court may be able to go straight to the VA to obtain the necessary information. A disabled veteran should employ an experienced lawyer to protect their disability benefits. This will prevent them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge help for veterans disability claim and their families, however they come with their own set of issues. If a veteran divorces and receives a VA settlement and is eligible, they should know what this will do to the benefits they receive.

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

Another concern related to this subject is how disability benefits are treated to determine child maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from claiming disability benefits as income. However, some states have chosen to take different approaches. For instance, Colorado adds up all sources of income to determine the amount in support a spouse requires and then adds disability payments to take the fact that they are tax-free.

It is also crucial that veterans understand how divorce can affect their disability benefits and how their ex spouses can garnish their compensation. By being informed about these issues, vets can ensure their compensation as well as avoid unintended consequences.