Why The Biggest "Myths" About Veterans Disability Litigation Might Be True

How a Everett Veterans Disability Law Firm Disability Settlement Can Affect a Divorce Case

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

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

Do I have the right to receive compensation in the event of an accident?

You may be eligible for a settlement in the event that you were in the military but are now permanently disabled because of injuries or Everett Veterans Disability Law Firm illnesses. This settlement will help pay you for medical expenses, lost income and other costs that resulted from your injury or sickness. The type of settlement you can receive will depend on whether or not your injury or illness is service-connected, 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 following two years of service during the Vietnam War. He does not have enough work space to qualify for Social Security Disability benefits, however, he is able to claim an VA Pension that offers free medical treatment and cash depending on the financial needs of his. He would like to be aware of whether a personal injury settlement will affect his ability to get this benefit.

The answer is dependent on whether the settlement is a lump sum or a structured one. Structured settlements require the payment of over time instead of a single payment. The amount paid by defendant is calculated to offset existing VA benefits. A lump sum payment will affect any existing VA benefits as the VA will annually evaluate and consider it to be income. If Jim has assets that are not used up after the settlement is annually adjusted the applicant can apply again to receive the Pension benefit. However the assets must be below a minimum threshold that the VA has determined to be a financial necessity.

Do I require an Attorney?

Many service members, spouses, and former spouses are concerned about VA disability benefits and their effect on financial issues during a divorce. Some people believe that the Department of Veterans Affairs' compensation payments can be split 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 grave financial errors.

While it is possible to make an initial claim for disability benefits on your own, the majority of disabled veterans require the assistance of a professional attorney. A veteran's disability lawyer who is experienced will examine your medical documents and gather the necessary evidence needed to build a strong case at the VA. The lawyer can also file any appeals that you may require to get the benefits you are entitled to.

Most VA disability lawyers don't charge for consultations. In addition that the lawyer will normally be paid by the government directly out of the retroactive past-due benefits. This is one of the benefits of the Equal Access to Justice Act. The percentage of retroactive past-due benefits your lawyer will be paid must be specified in your fee agreement. For instance your fee agreement may stipulate that the government will pay the attorney up to 20% of retroactive benefits or award. Any additional amount is your obligation.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans. These payments are designed to compensate for the effects of diseases, injuries or disabilities that have been sustained or aggravated during the course of a veteran's service. The benefits for veterans with disabilities are subject to garnishment just like other incomes.

Garnishment allows a court order that an employer or government agency withhold money from the pay of a person who has a debt and send it directly to a creditor. In the event of a divorce, garnishment can be used to pay spousal maintenance or child support.

However, there are a few situations in which a veteran's disability benefits can be repaid. The most frequent is the veteran who waived his retirement from the military in order to receive disability compensation. In these instances the portion of the pension that is attributed to disability benefits may be garnished for family support obligations.

In other circumstances, veteran's benefits may also be garnished to cover medical expenses or federal student loans that are past due. In these cases, a court may be able to the VA to obtain the necessary information. It is crucial for a disabled veteran to hire a knowledgeable attorney to ensure that their disability benefits are not taken away. This can prevent them from relying on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge help to veterans as well as their families. However, they come with their own set complications. If a veteran gets divorced and receives an VA settlement then they must know what this will do to their benefits.

In this case one of the major issues is whether or not disability benefits are considered assets which can be divided in divorce. The question has been answered in two ways. One option is the Colorado court of appeals decision which concluded that VA disability payments are not property and cannot be divided in that way. Another option is a U.S. Supreme Court ruling in Howell that ruled that garnishing a veteran's VA disability payments to pay the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this issue is how disability benefits are interpreted in the context of child support and maintenance. Both the USFSPA, and the Supreme Court, prohibit states from claiming disability benefits as income. Certain states use a different approach. Colorado, for example, adds all sources of income together to determine the amount needed to support a spouse and then adds on disability payments in order to take into account their tax-free status.

Additionally, it is essential that veterans understand how their disability benefits will be affected if they are divorced and how their spouses' ex-spouses could affect their compensation. By being aware of these questions, veterans disability lawsuit can guard their benefits and avoid unintended consequences.