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How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58 year old man, is permanently disabled because of his military service. He gets a monthly pension 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. It will, however, affect his other income sources.

Do I have the right to receive compensation for an accident?

If you've served in the military, and are permanently disabled because of injuries or illnesses, you could be eligible for a veterans disability claim disability settlement. This settlement can help compensate you for medical bills, lost income, and other costs that resulted from your injury or sickness. The type of settlement you will receive will depend on whether your illness or injury is service-connected, what VA benefits you qualify for, and the cost to treat your accident or injury.

Jim who is a 58-year old Vietnam veteran was diagnosed with permanent disabilities as a result of his two years of service. He hasn't got enough work space to qualify for Social Security disability benefits but there is a VA Pension benefit which provides cash and free medical assistance dependent on financial need. He wants to be aware of whether a personal injury settlement would affect his ability be eligible for this benefit.

The answer depends on if the settlement is a lump sum or a structured one. Structured settlements involve payments over time, rather than one lump sum payment. The amount paid by defendant is calculated to offset the existing VA benefits. However, a lump sum payout is likely to affect existing benefits since 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 when the settlement has been annualized Jim could reapply for the Pension benefit but only if his assets are below a threshold that the VA determines to be a financial need.

Do I have to hire an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and its impact on money issues in a divorce case. Some people believe, for instance, that the Department of Veterans Affairs compensation payments can be split as military retirements in divorce cases, or that they're "off limits" in calculating child support and Alimony. These misconceptions can lead to serious financial mistakes.

While it is possible to make an initial claim for disability benefits by yourself, the majority of disabled veterans disability lawsuit can benefit from the help of a qualified lawyer. A veteran's disability lawyer who is experienced can review your medical documents and gather the required evidence to make a convincing case at the VA. The lawyer can also file any appeals you might require to receive the benefits you deserve.

Additionally, the majority of VA disability lawyers do not charge fees for consultations. In addition the lawyer will usually be paid by the government directly from your award of retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The proportion of retroactive past-due benefits your lawyer will be paid should be clearly stated in your fee agreement. A fee agreement may stipulate that, for instance, the government would give the attorney up to 20% of retroactive benefits. Any additional amount is your responsibility.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans disability settlement. The purpose of the payments is to alleviate the effects of illnesses, injuries or disabilities that have been sustained or aggravated during the course of a veteran's service. Like all income, the veterans disability legal disability benefits can be subject to garnishment.

Garnishment lets a court order that an employer or government agency stop money from the pay of a person who owes the debt and pay it directly to the creditor. In the event of a divorce the garnishment could be used for child or spousal care.

There are certain situations where a veteran's benefits can be encashable. The most frequent is the veteran who has waived his retirement from the military in order to receive disability compensation. In these instances the part of pension that is allocated to disability compensation can be garnished in order to meet family support obligations.

In other instances the benefits of a veteran can be garnished to pay for medical expenses or past-due federal student loans. In these situations, a court may be able to the VA to obtain the necessary information. It is essential for a disabled veteran to retain a knowledgeable lawyer to ensure that their disability benefits aren't taken away. This will stop them from relying on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous assistance to veterans and their families. However they do come with certain complications. For Veterans Disability Settlement example in the event that a veteran gets divorced and receives a VA disability settlement, they should know what this means for the benefits they receive.

In this regard, the main question is whether disability payments are considered assets that can be split in a divorce. This question has been answered in two ways. One method is an Colorado court of appeals decision that found that VA disability payments are not property and can't be divided in that way. Another way is through an U.S. Supreme Court ruling in Howell which held that garnishing a veteran's VA disability payments to pay for the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern relating to this subject 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. However, Veterans Disability Settlement certain states have chosen to take a different approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse needs and then pluses up the disability payments to take the fact that they are tax-free.

Additionally, it is essential for veterans disability case to know how their disability compensation will be affected if they become divorced and how their spouses' ex-spouses could affect their compensation. By being aware of these issues, veterans can ensure their compensation and avoid unintended consequences.