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How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled as a result of his time in the military. He receives a monthly Pension benefit from the Department of veterans disability law Affairs.

He would like to be aware of whether a verdict by a jury will impact his VA benefits. The answer is that it will not. However, it could have an impact on the other sources of income he has.

Can I Get Compensation for an accident?

If you've been in the military and are now permanently disabled because of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement can help compensate you for Veterans Disability Settlement medical bills, lost income and other expenses that resulted from your illness or injury. The type of settlement that you can receive will depend on whether or not your injury or illness is service-connected, 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 during the Vietnam War. He hasn't got enough work space to be eligible for Social Security disability benefits but the VA Pension benefit which provides cash and free medical assistance that is based on financial need. He wants to determine if a personal accident settlement could affect his ability to be eligible for this benefit.

The answer will depend on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements require installments over time rather than a single payment. The amount that defendant pays is calculated to offset the existing VA benefits. A lump sum settlement will impact any existing VA benefits because the VA will annually assess and count it to be income. In the event that there are any excess assets are left over after the twelve-month period when the settlement is annualized, Jim may be eligible to apply again for the pension benefit, but only if his assets fall below a threshold that the VA accepts as establishing financial need.

Do I really need to hire an Attorney?

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

While it is possible to make an initial claim for disability benefits on your own, many disabled veterans disability lawyer can benefit from the assistance of an experienced lawyer. A veteran's disability lawyer can examine your medical records in order to gather the evidence needed to make a strong argument before the VA. The lawyer can also file any appeals you might need to get the benefits you deserve.

Most VA disability lawyers don't charge for consultations. The government also pays the lawyer directly from the benefit of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The proportion of retroactive past-due benefits your lawyer will receive must be specified in your fee agreement. For instance your fee agreement may specify that the government will pay the attorney up to 20% of the retroactive benefits or provide. You will be responsible for any additional amounts.

Can I Garnish My VA Benefits?

When disabled veterans disability attorney receive compensation from the VA, it comes in the form of monthly payments. The purpose of the payments is to compensate for the effects of diseases, injuries or disabilities that have been sustained or aggravated during a veteran's service. The benefits for veterans disability legal' disability are subject to garnishment like any other income.

Garnishment is a legal action that allows a judge to decide that an employer or a government agency to take money from the pay of an employee who owes money and transfer them directly to the creditor. In the case of divorce, garnishment may be used to pay spousal support or child support.

There are situations where the benefits of a veteran can be encashable. The most common scenario involves veterans who have waived their military retirement to receive disability compensation. In these instances, the amount of pension that is allocated to disability pay could be garnished to meet family support obligations.

In other cases, a veteran’s benefits can also be garnished to pay medical bills or federal student loans that are over due. In these instances, a court may be able to directly to the VA to obtain the necessary information. It is essential for disabled veterans to retain a knowledgeable attorney to ensure that their disability benefits aren't removed. This will allow them to avoid being forced to rely on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great help to veterans disability attorneys as well as their families. However, they come with their own set complications. For example when a veteran is divorced and receives an VA disability settlement, they must be aware of what this means for the benefits they receive.

One of the major issues in this context is whether or not the disability payments are considered divisible assets in divorce. This question has been answered in two ways. One way is by a Colorado court of appeals ruling that concluded that VA disability payments are not property and can't be divided in that way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran’s VA disability payments for an alimony payment was a violation of USFSPA.

Another concern related to this subject is the treatment of disability benefits to children for support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. Some states have an alternative approach. Colorado for instance, adds all sources of income together to determine the amount required to support a spouse and then adds disability payments in order to account for their tax-free status.

It is also important that veterans understand the impact divorce has on their disability compensation and how their ex spouses could take advantage of their compensation. By being aware of these questions, veterans can guard their income and avoid unwanted consequences.