Veterans Disability Litigation: The Good The Bad And The Ugly

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled from his time in the military. He receives a monthly Pension benefit from the Department of Veterans Affairs.

He wants to know if a jury award will impact his VA benefits. The answer is not. However, it will have an impact on his other sources of income.

Can I Receive Compensation for an Accident?

If you've served in the military, and are permanently disabled as a result of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement can help compensate you for medical bills, lost income, and other expenses that resulted from your injury or sickness. The type of settlement you could receive will depend on whether your illness or injury is service-connected, what VA benefits you qualify for, as well as the cost to treat your accident or injury.

Jim who is a 58-year veteran of the Vietnam war, was diagnosed as having permanent disabilities because of his two years of service. Jim does not have enough work space to be eligible for Social Security Disability benefits, but he has a VA Pension that provides cash and medical treatment for free according to his financial need. He wants to know how a personal injury lawsuit could affect his eligibility to receive this benefit.

The answer is dependent on whether the settlement is a lump-sum or a structured one. Structured settlements are those that are made over a long period of time rather than as a single payment and the amount paid by the defendant is calculated to offset any existing VA benefits. However, a lump sum payout will likely impact any benefits already in place because the VA considers it to be income and will annually calculate it. In any case, if there are excess assets are left after the period of twelve months when the settlement has been annualized Jim could be eligible for a new Pension benefit, but only if his assets fall lower than a threshold with which the VA agrees establishes financial need.

Do I need to hire an attorney?

Many service members, spouses and Veterans Disability Case former spouses have concerns about VA disability payments and their impact on money issues during divorce. Among other things, some people believe that the Department of Veterans Affairs' compensation payments can be divided like a military pension a divorce or that they are "off limits" in the calculation of child support and alimony. These misconceptions could lead grave financial errors.

While it is possible to file an initial claim for disability benefits on your own, the majority of disabled veterans disability litigation benefit from the assistance of an experienced attorney. An experienced veteran's disability lawyer can review your medical records and gather the necessary evidence to make a convincing case to the VA. The lawyer can also file any appeals that you might need to get the benefits you are entitled to.

Moreover, most VA disability lawyers charge no fees for consultations. Additionally the lawyer will usually be paid by the government directly from your award of retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should clearly state the percentage of retroactive benefits that will be paid to your lawyer. A fee agreement could say that, for instance, the government will give the attorney up to 20 percent of retroactive benefits. Any additional amount is your responsibility.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. The purpose of the payments is to help offset the consequences of illnesses, disabilities or injuries that are sustained or aggravated during a veteran's military service. As with all income, veterans disability case disability benefits can be subject to garnishment.

Garnishment allows a court order that an employer or government agency deduct money from the pay of a person who owes an obligation and pay it directly to a creditor. In the event of a divorce the garnishment could be used for child or spousal maintenance.

However, there are certain situations where disability benefits may be repaid. The most frequent scenario involves a veteran who waived their military retirement to get disability compensation. In these cases the amount of pension that is attributed to disability benefits may be garnished for family support obligations.

In other instances the benefits of a veteran can be seized to pay medical expenses or past due federal student loans. In these situations the court could go directly to the VA to obtain the information they require. It is crucial for disabled veterans to find a competent lawyer to ensure that their disability benefits aren't garnished. This will allow them to avoid having to rely on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge help to veterans as well as their families. However they have certain complications. For example the case where a veteran is divorced and receives an VA disability settlement, they should know what this means for their benefits.

In this case, a major question is whether or not disability payments are considered assets that can be split during a divorce. This question has been resolved in a couple of ways. One is through the Colorado court of appeals ruling that concluded that VA disability payments are not property and therefore cannot be divided as such. The U.S. Supreme Court ruled in Howell, that garnishing a veteran’s VA disability payments for Alimony was against the USFSPA.

Another concern related to this topic is how the disability benefits are interpreted for purposes of child support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from claiming disability benefits as income. However, some states have chosen to take the opposite approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse needs and then pluses up the disability benefits to take into the fact that they are tax-free.

Finally, it is important that veterans understand how their disability compensation will be affected if they get divorced and how their ex-spouses can take advantage of their benefits. By being aware of these issues, veterans disability lawyer disability case (relevant website) can ensure the security of their earnings and avoid any unintended consequences.