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How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled because of his military service. He receives a monthly Pension benefit from the Department of Veterans Affairs.

He wants to find out if a verdict from a jury will affect his VA benefits. The answer is not. However, it will have an impact on the income sources of his other income sources.

Can I get compensation in the event of an accident?

You may be eligible for a settlement if you served in the military but are now permanently disabled because of injuries or illnesses. This settlement will allow you to get compensation for medical bills, lost wages, and other expenses that result from your illness or injury. The type of settlement that you are eligible for will depend on whether your injury or illness is service-related, what VA benefits you are eligible for, and the amount you will need to treat your accident or injury.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. He does not have enough work space to be eligible for Social Security Disability benefits, however, veterans disability Settlement he is able to claim the VA Pension which offers free medical care and cash based on his financial need. He wants to determine if a personal accident settlement would affect his ability get this benefit.

The answer is contingent upon whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements are the ones that are paid over a time frame rather than a single payment and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum settlement can affect any existing VA benefits because the VA will annually calculate and consider it as income. If Jim has excess assets after the settlement has been annualized then he is eligible to receive the Pension benefit. However, his assets must be below a minimum threshold that the VA has agreed establishes financial necessity.

Do I need to hire an Attorney?

Many spouses, military personnel, and former spouses have questions about VA disability payments and their impact on financial issues during a divorce. Among other things, some people think that the Department of veterans disability compensation Affairs' compensation payments can be divided like a pension from a military service in a divorce or that they are "off limits" in calculation of child support and alimony. These misconceptions may lead to serious financial mistakes.

It is possible to file a claim for disability benefits by yourself However, most disabled veterans disability compensation will benefit from the assistance of a skilled lawyer. A qualified veteran's disability lawyer will review your medical records and gather all the necessary evidence to make a convincing case to the VA. The lawyer can also file any appeals you might require to get the benefits you are entitled to.

Additionally, the majority of VA disability lawyers charge no fees for consultations. The government also pays the lawyer directly from the benefit of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The amount of retroactive past-due benefits your lawyer will be paid should be clearly stated in your fee agreement. For example your fee agreement may provide that the government can pay the lawyer up to 20% of retroactive benefits or award. Any additional amounts are your obligation.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. These payments are designed to alleviate the effects of illnesses, injuries or disabilities that have been sustained or aggravated during a veteran's time of service. The benefits for veterans disability law' disability are subject to garnishment, just like any other income.

Garnishment can be a legal proceeding that allows a judge to order an employer or government agency to omit funds from the paycheck of a person who owes money and send them directly to a creditor. In the case of divorce, garnishment could be used to pay spousal or child support or child support.

There are a few circumstances where a veteran's disability benefits may be repaid. Most common is the veteran who waived his retirement from the military in order to receive disability compensation. In these instances the amount of pension that is allocated to disability payments can be garnished to meet family support obligations.

In other cases, a veteran's benefit may be garnished in order to pay for medical expenses or federal student loans that are past due. In these situations, a court may be able to direct the case to the VA to obtain the necessary information. The disabled veteran should consult an experienced attorney to safeguard their disability benefits. This will allow them to avoid having to rely on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are an excellent help to veterans disability law as well as their families. However, they come with specific complications. For instance in the event that a veteran gets divorced and receives a VA disability settlement, they need to know how this could affect the benefits they receive.

In this case, a major question is whether disability payments are considered assets that can be divided in a divorce. The issue has been resolved in a variety of ways. A Colorado court of appeals ruling determined that VA disability payments were not property and therefore could not be divided in this way. Another way is through the U.S. Supreme Court ruling in Howell that held that garnishing the veteran's VA disability benefits to pay for an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern relating to this issue is the treatment of disability benefits for child maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from counting disability benefits as income. Certain states take a different approach. Colorado for instance, adds all income sources together to determine the amount needed to support a spouse and then adds on disability payments in order to account for their tax-free status.

It is also important that veterans are aware of how divorce can affect their disability benefits and how ex-spouses can garnish their compensation. By being aware of these issues, vets can protect their income and avoid any unintended consequences.