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How a veterans disability lawsuit 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. It will not. But it will have some impact on the other sources of income he has.

Can I receive compensation in the event of an accident?

If you have served in the military and are now permanently disabled due to injuries or illnesses, you could be eligible for a veterans disability settlement (just click the following document). This settlement can assist in compensating you for medical expenses, lost income and Veterans Disability Settlement other expenses resulting from your injury or sickness. The type of settlement that you can receive will depend on whether your illness or injury is a result of a service connection, the VA benefits you qualify to receive, and the amount to treat your accident or injury.

Jim, a 58 year veteran of Vietnam, was diagnosed as having permanent disabilities as a result of his two years of service. He does not have enough working space to be eligible for Social Security disability benefits but the VA Pension benefit that offers cash and free medical care based on financial need. He wants to find out if a personal injury settlement would affect his eligibility to get this benefit.

The answer will depend on whether the settlement is in the form of either a lump sum or structured settlement. Structured settlements are settlements that are paid over a time period rather than a single payment, and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payment will likely alter any existing benefits as the VA considers it income and will annualize it. If Jim has excess assets after the settlement is annually adjusted, he can reapply to receive the Pension benefit. However, his assets must be less than a certain threshold that the VA has set that establishes financial necessity.

Do I need to employ an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and the impact it has on the financial aspects of a divorce case. Some people believe, among other things, that Department of Veterans Affairs compensation payments can be split as an army retirement in divorce cases, or that they're "off limits" when calculating child support and alimony. These misconceptions could lead to financial mistakes which can have serious consequences.

It is possible to submit a claim for disability benefits on your own however, the majority of disabled veterans will require the help of a professional lawyer. An experienced veteran's disability lawyer will review your medical documents and gather the required evidence needed to build a strong argument to the VA. The lawyer can also file any appeals that you may need in order to get the benefits you are entitled to.

Moreover, most VA disability lawyers charge no fees for consultations. The government also pays the lawyer directly from your amount of retroactive benefits. This is an advantage of the Equal Access to Justice Act. Your fee agreement should clearly state the amount of retroactive benefits that will be paid to your lawyer. For instance, a fee agreement can state that the government will pay the lawyer up to 20% of retroactive benefits or provide. The attorney is responsible for Veterans Disability Settlement any additional sums.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA the compensation is paid in the form of monthly payments. The purpose of the payments is to compensate for some of the effects of disability, illness or injuries sustained or aggravated due to a veteran's military service. Like other income sources, benefits for veterans disability attorneys with disabilities are subject to garnishment.

Garnishment lets a court order that an employer or government agency withhold money from the pay of an individual who owes a debt and send it directly to a creditor. In the event of a divorce garnishment can be used for child or spousal maintenance.

There are situations where the benefits of a veteran could be encashable. The most frequent scenario involves veterans disability lawsuit who have waived their military retirement to receive disability compensation. In these instances the portion of the pension allocated to disability payments can be garnished to pay family support obligations.

In other circumstances, veteran's benefits may also be garnished to pay medical expenses or federal student loans that are over due. In these situations the court may be able to the VA to get the required information. A disabled veteran should hire an experienced lawyer to protect 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 an enormous benefit for veterans disability case and their families, however they do come with their own set-of complications. For instance the case where a veteran is divorced and receives a VA disability settlement, they should be aware of how this will affect the benefits they receive.

One of the major issues in this context is whether or not disability payments are considered divisible assets in divorce. This issue has been addressed in a variety of ways. A Colorado court of appeals ruling declared that VA disability payments were not property and could not be divided in this way. Another way is through the U.S. Supreme Court ruling in Howell that ruled that garnishing the veteran's VA disability payments to pay for Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to this issue is the treatment of disability benefits for child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. Certain states take an alternative approach. Colorado for instance adds all sources of income together to determine the amount needed to provide for a spouse. Colorado then adds disability income to account for their tax-free status.

It is also crucial that veterans disability case understand the impact divorce has on their disability compensation and how their spouses who divorced can garnish their compensation. By being informed about these issues, vets can ensure their compensation as well as avoid the unintended consequences.