The 10 Scariest Things 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 find out if a verdict from a jury will impact his VA benefits. The answer is that it will not. However, it will have an impact on his other income sources.

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

You could be eligible to receive a settlement if you were in the military but are now permanently disabled as a result of injuries or illnesses. This settlement can help you get compensation for medical bills, lost wages and other expenses that result from your injury or illness. The type of settlement that you could receive will depend on whether or not your injury or illness is related to service, what VA benefits you qualify for, as well as the cost to treat your accident or injury.

Jim, a 58-year veteran of Vietnam was diagnosed with permanent disabilities as a result of his two years of service. Jim does not have enough work space to be eligible for Social Security Disability benefits, however, he can claim a VA Pension that provides cash and medical care for free depending on the financial needs of his. He wants to be aware of how a personal injury lawsuit will affect his ability to get 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 based on installments over time, rather than one payment. The amount that defendant pays is calculated to offset the existing VA benefits. A lump sum payment will likely impact any benefits already in place because the VA considers it income and will annualize it. In any case, if there are excess assets are left after the twelve month period when the settlement has been annualized Jim could apply again for the Pension benefit but only if his assets are lower than a threshold with which the VA determines to be a financial need.

Do I need to hire an attorney?

Many spouses, service members and former spouses have questions about VA disability benefits and their impact on financial issues during divorce. There are many other reasons, but some people think that the Department of veterans disability case Affairs' compensation payments can be divided like a pension from a military service in divorce or are "off limits" in the calculation of child support and Alimony. These misconceptions can lead to serious financial errors.

While it is possible to do an initial claim for disability benefits on your own, the majority of disabled veterans disability attorney get the assistance of a professional lawyer. A skilled veteran's disability lawyer will review your medical documents and gather the necessary evidence to support your case at the VA. The lawyer can also help to make any appeals you require to receive the benefits you deserve.

Most VA disability lawyers do not charge for consultations. Additionally, Veterans Disability Settlement the lawyer will generally be paid by the government directly out of your retroactive past due benefits. This is an advantage of the Equal Access to Justice Act. Your fee agreement should clearly define the amount of retroactive benefits to be paid to your lawyer. A fee agreement could say that, for instance, the government will provide the attorney with 20 percent of retroactive benefits. The attorney is responsible for any additional costs.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans disability settlement. The funds are meant to compensate for the effects of diseases, injuries or disabilities that were sustained or worsened during the veteran's service. The benefits for veterans' disability are subject to garnishment, just like other incomes.

Garnishment permits a court order that an employer or a government agency withhold cash from the pay of a person who is in the process of paying an amount and then pay it directly to the creditor. In the case of a divorce, garnishment can be used to pay spousal maintenance or child support.

However, there are a few circumstances where a veteran's disability benefits may be refunded. The most frequent is the veteran who renounced his military retirement to receive disability compensation. In these instances the amount of pension that is allocated to disability pay can also be garnished in order to meet family support obligations.

In other instances, a veteran's benefits could be seized to pay medical bills or federal student loans that are past due. In these instances a judge can refer a case directly to the VA for the information they require. It is crucial for a disabled veteran to hire a knowledgeable lawyer to ensure that their disability benefits aren't garnished. This will prevent them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous assistance to veterans and their families, however they don't come without their own set of 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 regard one of the major issues is whether disability payments are considered assets that can be divided during a divorce. This issue has been addressed in a variety of ways. A Colorado court of appeals decision declared that VA disability payments were not property and therefore could not be divided this way. 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 subject is the treatment of disability benefits for 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 chosen to take different approaches. Colorado for instance, takes all income sources together to determine the amount needed to provide for a spouse. Colorado then adds disability payments to account for their tax-free status.

Finally, it is important for veterans disability lawyer to understand how their disability compensation will be affected if they become divorced and how their spouses who divorced them can garnish their compensation. By being knowledgeable about these issues, veterans disability lawyer can safeguard their benefits and avoid unintended consequences.