5 Laws Anyone Working In Veterans Disability Litigation Should Know

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58-year-old man 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 know if the jury's verdict will affect his VA benefits. It won't. However, it will have an impact on his other sources of income.

Can I receive compensation in the event of an accident?

If you have served in the military and are permanently disabled because of injuries or illnesses, you may be eligible for a veterans disability legal; our homepage, disability settlement. This settlement can allow you to receive compensation for your medical expenses, lost wages, and other expenses related to your injury or illness. The kind of settlement you can get depends on whether or not your health condition is non-service connected, what VA benefits you are eligible for, and what your injury or accident will cost to treat.

Jim, a 58-year old Vietnam veteran, was diagnosed as having permanent disabilities due to his two years of service. He does not have enough space for work to qualify for Social Security Disability benefits, however, he does have a VA Pension that provides cash and medical treatment for free according to his financial need. He would like to be aware of how a personal injuries settlement will affect his eligibility to get this benefit.

The answer will depend on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are payments made over a long period of time rather than in a single payment and the amount received by the defendant is calculated to offset any existing VA benefits. A lump sum settlement will probably affect any existing benefits because the VA considers it a tax-deductible income and will annually increase it. In the event that there are any excess assets remain after the twelve-month period after the settlement is annually recalculated, Jim could be eligible for a new Pension benefit, but only if his assets fall less than a minimum threshold that the VA determines to be a financial need.

Do I require an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and its effect on money issues in divorce cases. Among other things, some people believe that the Department of Veterans Affairs' compensation payments are able to be divided as a military pension in divorce or are "off limits" in the calculation of child support and alimony. These misconceptions could lead to financial mistakes which can have serious consequences.

While it is possible to file an initial claim for disability benefits on your own, most disabled veterans disability lawsuit get the help of a qualified attorney. An experienced veteran's disability lawyer will examine your medical documents and gather the necessary evidence needed to build a strong case at the VA. The lawyer can also file any appeals that you may need in order to receive the benefits you deserve.

Most VA disability lawyers don't charge for consultations. The government will also pay the lawyer directly from your payment of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should clearly state the amount of retroactive benefits that will be paid to your lawyer. A fee agreement could stipulate, for example, that the government would pay the attorney up 20% of retroactive benefits. Any additional amounts are 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 offset some of the effects of diseases, disabilities, or injuries sustained during or aggravated by a veteran's military service. The benefits for veterans with disabilities are subject to garnishment, just like other incomes.

Garnishment permits a court order that an employer or government agency stop funds from the paycheck of a person who owes an amount and veterans disability legal then pay it directly to a creditor. In the case of divorce, garnishment may be used to pay spousal maintenance or child support.

There are certain situations where a veteran's benefits can be garnished. The most common scenario is that of a veteran who waived his military retirement to receive disability compensation. In these instances the pension portion that is allocated to disability payments can be garnished to cover the obligations of family support.

In other cases, a veteran's benefits can be withdrawn to cover medical expenses or past-due federal student loans. In these instances the court could go directly to the VA for the information they require. It is important for a disabled veteran to hire a knowledgeable lawyer to ensure that their disability benefits are not taken away. This will help them avoid having to depend on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge help to veterans and their families. However, they come with specific complications. For example in the event that a veteran gets divorced and is awarded a VA disability settlement, they need to know how this could affect their benefits.

In this regard, the main question is whether or not disability payments are considered assets which can be divided during a divorce. This issue has been settled in a variety of ways. A Colorado court of appeals decision found that VA disability payments were not property and could not be divided in this manner. The other way is by the U.S. Supreme Court ruling in Howell that ruled that garnishing the veteran's VA disability payments to pay for alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern related to this subject is how disability benefits are treated in the context of child support and maintenance. Both the USFSPA, as well as the Supreme Court, prohibit states from claiming disability benefits as income. Certain states take different methods. For instance, Colorado adds up all sources of income to determine the amount in support a spouse requires and then pluses up the disability payments to take into account that they are tax-free.

Finally, it is important for veterans to be aware of how their disability benefits will be affected if they become divorced and how their spouses who divorced them can be able to garnish their compensation. If they are aware of these questions, veterans can guard their benefits and avoid unintended consequences.