"Ask Me Anything " 10 Responses To Your Questions About Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58-year-old client is permanently disabled as a result of his time in the military. He receives a monthly pension from the Department of Veterans Affairs.

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

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

If you've been in the military, and are permanently disabled due to injuries or illnesses, you could be eligible for a veterans disability case 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 that you can receive will depend on whether your illness or injury is related to service, what VA benefits you are eligible for, and the cost to treat your injury or accident.

For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. He doesn't have enough space for work to qualify for Veterans Disability Settlement Social Security Disability benefits, however, he does have an VA Pension that offers cash and medical treatment for free depending on the financial needs of his. He would like to know if a personal injury settlement could 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 involve payments over time rather than one single payment. The amount paid by defendant is calculated to offset existing VA benefits. A lump sum settlement can affect any existing VA benefits since the VA will annually calculate and consider it as income. In the event that there are any excess assets remain after the period of twelve months when the settlement has been annualized Jim may be eligible to apply again for the Pension benefit, but only if his assets are below a certain threshold that the VA agrees establishes financial need.

Do I really need to hire an Attorney?

Many spouses, service members, and former spouses have questions about VA disability payments and their impact on money issues during divorce. Some people think that the Department of veterans disability claim Affairs' compensation payments are able to be divided like a pension from a military service in a divorce or that they are "off limits" in the calculation of child support and Alimony. These misconceptions can result in financial mistakes that can have grave consequences.

It is possible to file an application for disability benefits on your own however, the majority of disabled veterans would benefit from the assistance of a skilled lawyer. A qualified veteran's disability lawyer will examine your medical documents and gather the necessary evidence to support your case at the VA. The lawyer will also be able to submit any appeals you require to secure the benefits you are entitled to.

Furthermore, the majority of VA disability lawyers do not charge fees for consultations. The government will also pay the lawyer directly from the amount of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should specify clearly the amount of retroactive benefits to be paid to your lawyer. For instance, a fee agreement can specify that the government will pay the lawyer up to 20% of retroactive benefits or Veterans Disability Settlement give. You are responsible for any additional amount.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA it is received in the form of monthly payments. The payments are intended to alleviate the effects of injuries, diseases or disabilities that were sustained or aggravated during a veteran's time of service. The benefits for veterans disability claim' disability are subject to garnishment, just like any other income.

Garnishment is a legal process that allows a judge to require an employer or government agency to deduct funds from the wages of a person who is in debt and to send them directly to the creditor. In the case of divorce, garnishment can be used to pay spousal or child support or child support.

There are a few situations in which a veteran's disability benefits may be refunded. The most common situation involves those who have renounced their military retirement to receive disability compensation. In these cases the portion of the pension allocated to disability payments can be garnished for family support obligations.

In other cases, a veteran's benefits could be garnished in order to cover medical expenses or federal student loans that are over due. In these situations the court might be able to go straight to the VA to obtain the necessary information. It is crucial for a disabled veteran to work with a reputable attorney to ensure that their disability benefits aren't garnished. This can stop them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous assistance to veterans disability law and their families. However they have specific complications. For instance the case where a veteran is divorced and receives an VA disability settlement, they should know what effect this will have on the benefits they receive.

One of the major issues in this context is whether or not disability payments count as divisible assets in divorce. This issue has been addressed in a couple of ways. A Colorado court of appeals ruling decided that VA disability payments were not property and could not be divided this manner. Another option is an U.S. Supreme Court ruling in Howell which held that garnishing the veteran's VA disability payments to pay for an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to this topic 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. Some states have a different approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse is entitled to and then adds up the disability benefits to take into account that they are tax free.

It is also vital to know how divorce will affect their disability compensation and how their ex spouses could take advantage of their compensation. By being aware of these issues, veterans disability litigation can protect their compensation as well as avoid the unintended consequences.