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How a Veterans Disability Settlement Can Affect a Divorce Case

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

He wants to know if the jury's verdict will impact his VA benefits. It won't. However, it will have an impact on the other sources of income he has.

Can I Receive Compensation for an Accident?

You could be eligible for a settlement in the event that you have served in the military, but are now permanently disabled because of injuries or illnesses. This settlement will help pay you for medical bills, lost income and other expenses that resulted from your illness or injury. The kind of settlement you could receive will depend on whether your injury or illness is related to service, what VA benefits you qualify for, and the amount you will need to treat your injury or accident.

Jim is 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 qualify for Social Security disability benefits but the VA Pension benefit that provides cash and medical treatment for free dependent on financial need. He wants to find out if a personal injury settlement would affect his ability get this benefit.

The answer will depend on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are settlements that are paid over a time frame rather than as a single payment, and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum settlement will affect any existing VA benefits since the VA will annually assess and count it as income. In either case, if excess assets are left over after the period of twelve months when the settlement is annualized Jim could be eligible for a new Pension benefit, Veterans Disability Settlement but only if his assets are less than a minimum threshold that the VA agrees establishes financial need.

Do I Need to Hire an Attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and the impact it has on money issues in divorce cases. Some people believe, among other things that Department of veterans disability litigation Affairs compensation payments can be divided like a military retirement in divorce cases, or that they're "off limits" in calculating child support and Alimony. These misconceptions can lead to financial errors that can have grave consequences.

It is possible to file an application for disability benefits on your own However, most disabled veterans will benefit from the assistance of a professional lawyer. A disability attorney for veterans disability case can examine your medical records to gather the evidence required to argue your case to the VA. The lawyer will also be able to make any appeals you require to obtain the benefits you deserve.

Moreover, most VA disability lawyers don't charge fees for consultations. The government will also pay 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 should be clearly stated in your fee agreement. For example your fee agreement may specify that the government will pay the attorney up to 20% of retroactive benefits or pay. You will be accountable for Veterans Disability Settlement any additional amounts.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA the compensation is paid in the form of monthly payments. The purpose of the payments is to compensate for the effects of illnesses, injuries or disabilities that were sustained or worsened during the veteran's service. Like all income, the veterans disability case disability benefits are subject to garnishment.

Garnishment is a court-ordered procedure that an employer or government agency withhold funds from the paycheck of a person who has a debt and send it directly to a creditor. In the case of divorce, garnishment could be used to pay spousal maintenance or child support.

There are a few situations where disability benefits could be repaid. The most frequent scenario involves veterans disability attorney who have waived their military retirement to receive disability compensation. In these situations, the portion of pension that is allocated to disability benefits can be garnished to pay for family support obligations.

In other situations, veteran's benefits could be garnished in order to pay medical expenses or federal student loans that are over due. In these situations, a court may be able to the VA to obtain the necessary information. It is crucial for disabled veterans disability compensation to retain a knowledgeable attorney to ensure that their disability benefits are not being snatched away. This will allow them to avoid having to depend on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous assistance to veterans and their families, however they don't come without their own set of complications. If a veteran divorces and receives a VA settlement then they must know what this will do to their benefits.

In this regard, a major question is whether disability payments are considered to be assets that can be divided in divorce. This question has been answered in two ways. One method is an Colorado court of appeals decision which 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 Alimony was against the USFSPA.

Another concern with this issue is how disability benefits are interpreted for purposes of child maintenance and support. Both the USFSPA, and the Supreme Court, prohibit states from counting disability benefits as income. However, some states have chosen to take the opposite approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse will need and then adds the disability benefits to take into account that they are tax free.

It is also essential that veterans are aware of how divorce affects their disability benefits and how their ex spouses could slash their benefits. By being aware of these issues, veterans can protect their compensation and avoid unintended consequences.