Why No One Cares About Veterans Disability Litigation

How a veterans disability attorney [learn more about Bbarlock] Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled as a result of his military service. He gets a monthly pension from the Department of Veterans Affairs.

He would like to find out if a verdict from a jury will impact his VA benefits. It won't. However, it will have an impact on his other sources of income.

Do I have the right to receive compensation in the event of an accident?

If you've served in the military but are now permanently disabled because of injuries or illnesses, you may be eligible for a veterans disability legal disability settlement. This settlement will help pay you for medical bills, lost income and other expenses resulting from your injury or sickness. The type of settlement you can receive will depend on whether your health condition is non-service connected, what VA benefits you are eligible for, and the amount your accident or injury will cost to treat.

Jim, a 58-year old Vietnam veteran, was diagnosed as having permanent disabilities because of his two years of service. He doesn't have enough work quarters to be eligible for Social Security disability benefits but he does have a VA Pension benefit, which offers medical care and cash based on financial need. He would like to find out if a personal injury settlement would affect his ability be eligible for 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 payments made over a time frame rather than a single payment and the amount received by the defendant is used to offset any existing VA benefits. A lump sum payment will affect any existing VA benefits because the VA will annually calculate and consider it income. If Jim has extra assets after the settlement has been annualized and he wants to reapply, he will 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 have to hire an attorney?

Many service members, spouses and former spouses are concerned about VA disability payments and their impact on financial issues during a divorce. Some people believe, for instance, that the Department of Veterans Affairs compensation payments can be divided like military retirements in a divorce case or that they're "off limits" when calculating child support and alimony. These misconceptions may lead to serious financial errors.

While it is possible to submit an initial claim for disability benefits by yourself, the majority of disabled veterans benefit from the assistance of a professional attorney. A veteran's disability lawyer who is experienced can examine your medical documents and gather the necessary evidence to support your argument to the VA. The lawyer can also file any appeals that you may require to receive the benefits you deserve.

Most VA disability lawyers don't charge for consultations. In addition, the lawyer will generally be paid by the government directly out of your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The amount of retroactive past-due benefits your lawyer will be paid should be outlined in your fee agreement. A fee agreement could stipulate, for example, that the government would pay the attorney 20% of retroactive benefits. Any additional amount is your to pay.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA it is in the form of monthly payments. The payments are meant to compensate for some of the effects of disabilities, diseases or injuries that are sustained or aggravated by the veteran's military service. The benefits for veterans disability settlement' disability are subject to garnishment just like other incomes.

Garnishment is a legal action that allows a judge to order an employer or government agency to withhold funds from the paycheck of a person who owes money and transfer them directly to an individual creditor. In the case of divorce, garnishment can be used to pay spousal or child support or child support.

However, there are a few situations where disability benefits may be refunded. The most frequent scenario involves the veteran who has waived their military retirement in order to receive disability compensation. In these scenarios the pension portion that is devoted to disability pay can also be garnished to fulfill the family support obligations.

In other instances the benefits of a veteran can 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 need. It is important for a disabled veteran to work with a reputable attorney to ensure that their disability benefits aren't taken away. This can stop them from relying on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge help to veterans disability compensation and their families. However, they come with certain complications. For instance in the event that a veteran gets divorced and receives an VA disability settlement, they should be aware of how this will affect the benefits they receive.

In this regard, the main question is whether disability payments are considered assets that can be split in a divorce. This question has been addressed in two ways. One method is a Colorado court of appeals decision that found that VA disability payments are not property and therefore cannot be divided in this way. Another option is the U.S. Supreme Court ruling in Howell that held that garnishing a veteran's VA disability benefits to pay for Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern relating to this issue is the treatment of disability benefits to children for maintenance and support. Both the USFSPA, as well as the Supreme Court, veterans disability attorney prohibit states from claiming disability benefits as income. However, certain states have adopted the opposite approach. 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 into account that they are tax free.

It is also crucial that veterans are aware of how divorce will affect their disability benefits and how ex-spouses can garnish their compensation. If they are aware of these issues, veterans disability settlement can protect their benefits and avoid unwanted consequences.