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How a veterans disability lawsuit Disability Claim (Http://Ivimall.Com/1068523725/Bbs/Board.Php?Bo_Table=Free&Wr_Id=1134767) 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 is able to receive a monthly pension from the Department of veterans disability compensation Affairs.

He wants to know if a jury verdict will impact his VA benefits. The answer is that it will not. However, it could have an impact on his other sources of income.

Can I claim compensation for an accident?

You may be eligible for a settlement if you have served in the military, but are now permanently disabled as a result of injuries or illnesses. This settlement will pay you for medical bills, lost income, and other expenses resulting from your injury or Veterans Disability Claim sickness. The kind of settlement you can receive depends on whether your health condition is non-service connected, what VA benefits you qualify for, veterans disability claim as well as the amount your injury or accident will cost to treat.

Jim is a 58 year veteran of the Vietnam war, was diagnosed as having permanent disabilities because of his two years of service. He isn't in a position to have enough work space to qualify for Social Security Disability benefits, but he has an VA Pension that offers cash and medical treatment for free depending on the financial needs of his. He would like to know how a personal injury lawsuit can affect his ability to receive this benefit.

The answer is dependent on whether the settlement is a lump sum or a structured one. Structured settlements are payments made over a time period rather than in a single payment, and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payment will impact any existing VA benefits as the VA will annually assess and count it as income. If Jim has assets that are not used up after the settlement is annualized and he wants to reapply, he will 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, service members and former spouses are confused about VA disability compensation and its effect on the financial aspects of divorce cases. Some people believe, for instance, that Department of Veterans Affairs compensation payments can be split like a military retirement in a divorce case or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions can lead to financial mistakes that have serious repercussions.

It is possible to submit a claim for disability benefits yourself However, most disabled veterans disability settlement will require the help of a professional lawyer. A qualified veteran's disability lawyer can review your medical records and gather all the necessary evidence to support your case at the VA. The lawyer will also be able to file any appeals you may require to obtain the benefits you're entitled to.

Most VA disability lawyers don't charge for consultations. Additionally, the lawyer will generally be paid by the government directly from the retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The percentage of retroactive past-due benefits that your lawyer will receive must be specified in your fee agreement. A fee agreement could state for instance that the government will pay the attorney up 20 percent of retroactive benefits. Any additional amount is your the responsibility of the attorney.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans disability settlement. The funds are meant to compensate for the effects of injuries, illnesses or disabilities sustained or aggravated by a veteran's time of service. Like other income sources, veterans disability benefits can be subject to garnishment.

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

However, there are certain circumstances where a veteran's disability benefits may be repaid. Most common is the veteran who has renounced his military retirement in order to receive disability compensation. In these cases the portion of the pension that is attributed to disability benefits can be garnished for family support obligations.

In other circumstances, veteran's benefit may be seized in order to pay medical bills or federal student loans that are over due. In these situations the court might be able to the VA to get the required information. It is important for disabled veterans disability legal to hire a knowledgeable lawyer to ensure that their disability benefits aren't taken away. This will help them avoid being forced to rely on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous benefit for veterans and their families, but they don't come without their own set of challenges. If a veteran gets divorced and receives an VA settlement then they must be aware of the implications to their benefits.

In this regard, a major question is whether or not disability payments are considered to be assets which can be divided during a divorce. The issue has been resolved in a couple of ways. A Colorado court of appeals decision found that VA disability payments were not property and therefore could not be divided this manner. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability payments for the purpose of alimony was in violation of USFSPA.

Another issue related to this issue is how disability benefits are treated to determine child maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from counting disability benefits as income. Some states have an alternative approach. Colorado is one example. It takes all income sources together to determine the amount required to provide for a spouse. Colorado then adds on disability payments in order to take into account their tax-free status.

Finally, it is important for veterans to be aware of how their disability compensation will be affected when they get divorced and how their ex-spouses can take advantage of their benefits. By being informed about these issues, veterans can protect their compensation and avoid any unintended consequences.