Why No One Cares About Veterans Disability Litigation

How a Veterans 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 Affairs.

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

Can I Get Compensation for an accident?

You may be eligible to receive a settlement if you have served in the military, but are now permanently disabled because of injuries or illnesses. This settlement can allow you to get compensation for medical expenses, lost wages, and other costs resulting from your injury or illness. The type of settlement you will receive will depend on whether or not your injury or illness is a result of a service connection, the VA benefits you qualify for, and the cost to treat your injury or accident.

For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities following two years of service during the Vietnam War. He doesn't have enough work quarters to be eligible for Social Security disability benefits but he does have a VA Pension benefit which provides cash and free medical assistance dependent on financial need. He would like to determine if a personal accident settlement would affect his eligibility to be eligible for this benefit.

The answer is contingent upon whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements are the ones that are paid over a period of time rather than a single payment and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum payment will impact any existing VA benefits as the VA will annually assess and count it to be income. In any case, if there are excess assets are left over after the twelve-month period when the settlement is annualized, Jim could be eligible for a new Pension benefit but only if his assets are less than a minimum threshold that the VA accepts as establishing financial need.

Do I need to employ an attorney?

Many service members, spouses and former spouses are concerned about VA disability benefits and their impact on financial issues during divorce. Some people think, for instance, Veterans Disability Settlement that Department of veterans disability litigation Affairs compensation payments can be split like an army 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 mistakes which can have serious consequences.

It is possible to file a claim for disability benefits on your own However, most disabled veterans disability litigation would require the help from a competent lawyer. An experienced veteran's disability lawyer can review your medical documents and gather the necessary evidence to support your case at the VA. The lawyer will also be able to file any appeals that you require to receive the benefits you're entitled.

In addition, the majority of VA disability lawyers don't charge fees 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. The amount of retroactive past-due benefits that your lawyer will be paid should be outlined in your fee agreement. A fee agreement could stipulate that, for example, the government will pay the attorney 20% of retroactive benefits. You will be responsible for any additional amounts.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans disability lawyers. The purpose of the payments is to compensate for the effects of injuries, diseases or disabilities sustained or aggravated during the course of a veteran's time of service. The benefits for veterans with disabilities are subject to garnishment just like other incomes.

Garnishment is a court-ordered procedure that an employer or government agency stop cash from the pay of an individual who owes an amount and Veterans disability settlement then pay it directly to a creditor. In the event of divorce, garnishment could be used to pay spousal maintenance or child support.

There are a few situations where disability benefits may be repaid. The most common scenario is that of a veteran who waived his military retirement to receive disability compensation. In these cases the portion of the pension allocated to disability payments could be garnished to meet family support obligations.

In other instances, a veteran's benefits 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 for the information they need. A disabled veteran should seek out an experienced attorney to safeguard their disability benefits. This can prevent them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a big assistance to veterans disability attorneys and their families, however they don't come without their own set of challenges. If a veteran divorces and receives a VA settlement, he or she should be aware of the implications to the benefits they receive.

A major issue in this regard is whether disability payments are considered to be divisible assets in divorce. This question has been resolved in a variety of ways. One way is by a Colorado court of appeals decision, which found that VA disability payments are not property and can't be divided in that way. Another option is a U.S. Supreme Court ruling in Howell that held that garnishing the veteran's VA disability benefits to pay Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this topic is how the disability benefits are interpreted for purposes of child maintenance and support. Both the USFSPA as well as the Supreme Court, prohibit states from claiming disability benefits as income. However, certain states have adopted an alternative approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse needs and then adds disability benefits to take into account that they are tax free.

It is also important for veterans to be aware of how their disability benefits will be affected when they get divorced and how their ex-spouses may affect their compensation. By being aware of these issues, vets can ensure their compensation and avoid any unintended consequences.