10 Apps To Aid You Control Your Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled as a result of his military service. He receives a monthly pension benefit from the Department of veterans disability law Affairs.

He wants to find out if a verdict from a jury will affect his VA benefits. The answer is that it will not. It will, Veterans Disability Litigation however, have an impact on his other income sources.

Can I Receive Compensation for an accident?

You may be eligible for a settlement if were a soldier but are now permanently disabled because of injuries or illnesses. This settlement will pay you for medical bills, lost income, and other expenses that resulted from your illness or injury. The kind of settlement you are eligible for will depend on whether your injury or illness is service-related, what VA benefits you qualify to receive, and the amount to treat your injury or accident.

For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities from two years of service in the Vietnam War. He hasn't got enough work space to qualify for Social Security disability benefits but the VA Pension benefit that offers cash and Veterans disability litigation free medical care that is based on financial need. He wants to know how a personal injury settlement can affect his ability to receive this benefit.

The answer depends on if the settlement is a lump sum or a structured one. Structured settlements consist of the payment of over time rather than one lump sum payment. The amount that defendant pays is calculated to offset existing VA benefits. However, a lump sum payout is likely to affect any existing benefits because the VA considers it a tax-deductible income and will annually increase it. In either case, if excess assets are left over after the 12 month period when the settlement is annualized, Jim could be eligible for a new Pension benefit but only if his assets are below a certain threshold that the VA is able to agree establishes financial need.

Do I need to employ an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and the impact it has on the financial aspects of divorce cases. Among other things, some people think that the Department of veterans disability attorneys Affairs' compensation payments can be divided as a military pension in a divorce or that they are "off limits" in the calculation of child support and Alimony. These misconceptions can result in financial mistakes that have serious repercussions.

It is possible to file a claim for disability benefits by yourself, but most disabled veterans disability litigation (homepage) would require the help of a professional lawyer. A veteran's disability attorney will look over your medical records and gather the evidence required to present a convincing case before the VA. The lawyer will also be able to make any appeals you require to obtain the benefits you are entitled to.

In addition, the majority of VA disability lawyers don't charge fees for consultations. In addition, the lawyer will generally be paid by the government directly from your award of retroactive past-due benefits. This is one of the benefits of the Equal Access to Justice Act. The proportion of retroactive past-due benefits that your lawyer will receive must be specified in your fee agreement. A fee agreement could stipulate that, for instance, the government will pay the attorney 20 percent of retroactive benefits. Any additional amounts are your responsibility.

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 meant to offset some of the effects of disabilities, diseases, or injuries sustained during or aggravated during a veteran's military service. Like other income sources, benefits for veterans with disabilities are subject to garnishment.

Garnishment is a court-ordered procedure that an employer or government agency deduct money from the wages of a person who has a debt and send it directly to a creditor. In the event of a divorce garnishment can be used for child or spousal care.

There are certain situations where the benefits of a veteran can be encashable. The most frequent is the veteran who has renounced his military retirement in order to receive disability compensation. In these cases, the amount of pension apportioned to disability pay may be garnished for family support obligations.

In other circumstances, veteran's benefits could be seized in order to pay medical bills or federal student loans that are over due. In these instances the court might be able to go straight to the VA to obtain the necessary information. It is vital for disabled veterans disability lawsuit to find a competent attorney to ensure that their disability benefits aren't being snatched away. This can help them avoid having to rely on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a major assistance to veterans and their families, however they come with their own set of challenges. For instance in the event that a veteran gets divorced and is awarded an VA disability settlement, they need to know how this could affect the benefits they receive.

In this case the most important question is whether or not disability payments count as assets that can be divided during a divorce. The question has been answered in two ways. One method is a Colorado court of appeals decision which concluded that VA disability payments are not property and therefore cannot be divided as such. Another method is the U.S. Supreme Court ruling in Howell which held that garnishing a veteran's VA disability benefits to pay for an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to this issue is the treatment of disability benefits to children for support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income for these purposes. However, certain 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 is entitled to and then adds disability payments to take into the fact that they are tax-free.

In the end, it is crucial for veterans to be aware of how their disability benefits will be affected if they are divorced and how their ex-spouses may take advantage of their benefits. By being informed about these issues, vets can protect their income as well as avoid any unintended consequences.