25 Shocking Facts About Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58-year-old client is permanently disabled because of his service in the military. He gets a monthly pension from the Department of Veterans Affairs.

He would like to know if a jury verdict will affect his VA benefits. It will not. But it will have an impact on his other sources of income.

Can I Get Compensation for an accident?

You may be eligible for a settlement if you were in the military but are now permanently disabled as a result of injuries or illnesses. This settlement will allow you to receive compensation for your medical expenses, lost wages, and other expenses resulting from your injury or illness. The kind of settlement you'll be able to get depends on whether or not your condition is service-connected or not connected, the VA benefits you qualify for, and the amount your injury or accident will cost to treat.

For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities after two years of service in the Vietnam War. He isn't in a position to have enough work space to be eligible for Social Security Disability benefits, but he has an VA Pension that offers free medical care and cash based on his financial need. He wants to know how a personal injuries settlement will affect his ability to benefit from this benefit.

The answer depends on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements consist of installments over time, rather than one payment. The amount paid by defendant is calculated to offset existing VA benefits. A lump sum settlement will impact any existing VA benefits because the VA will annually assess and count it income. If Jim has assets that are not used up after the settlement has been annualized and he wants to reapply, he will be eligible for the pension benefit. However the assets he has to be less than a certain threshold that the VA has set that establishes financial necessity.

Do I Need to Hire an attorney?

Many service members, spouses and former spouses have concerns about VA disability payments and their impact on money issues during divorce. There are many other reasons, but some people believe that the Department of veterans disability lawsuit Affairs' compensation payments are able to be divided like a military pension a divorce or that they are "off limits" in calculation of child support and alimony. These misconceptions could lead to serious financial mistakes.

It is possible to submit an application for disability benefits by yourself, but most disabled veterans would benefit from the assistance of a professional lawyer. A qualified veteran's disability lawyer will review your medical records and gather all the necessary evidence needed to build a strong case at the VA. The lawyer can also file any appeals that you might need to get the benefits you deserve.

Additionally, the majority of VA disability lawyers don't charge fees for consultations. In addition the lawyer will typically be paid by the government directly from your award of retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should specify clearly the amount of retroactive benefits that will be paid to your lawyer. A fee agreement may stipulate that, for example, the government will provide the attorney with 20 percent of retroactive benefits. Any additional amounts will be your obligation.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans disability law firms (http://www.chunwun.com). The purpose of the payments is to help offset the effects of diseases, disabilities, or injuries sustained during or aggravated by the veteran's military service. Like all incomes, veterans disability benefits can be subject to garnishment.

Garnishment permits a court order that an employer or government agency deduct money from the pay of a person who has an obligation and pay it directly to the creditor. In the event of divorce, garnishment can be used for child or spousal care.

There are certain situations where the benefits of a veteran can be encashable. The most common scenario is that of a veteran who has renounced his retirement from the military in order to receive disability compensation. In these scenarios the part of pension that is allocated to disability compensation can be garnished in order to meet family support obligations.

In other situations, veteran's benefits could be garnished to pay medical expenses or veterans disability law Firms federal student loans that are past due. In these situations the court might be able to directly to the VA to obtain the necessary information. The disabled veteran should consult an experienced attorney to secure their disability benefits. This will allow them to 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 a huge aid to veterans and their families, however they do come with their own set-of complications. For example in the event that a veteran gets divorced and is awarded a VA disability settlement, they need to know how this could affect the benefits they receive.

In this case, a major question is whether disability payments count as assets which can be divided in divorce. This question has been resolved in a variety of ways. One option is 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 to pay an alimony payment was a violation of USFSPA.

Another issue that is related to this issue is the handling of disability benefits for child maintenance and support. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income to be used for this purpose. However, some states have adopted a different approach. For instance, veterans disability law firms Colorado adds up all sources of income to determine how much in support a spouse needs and then adds up the disability payments to take into the fact that they are tax-free.

It is also vital that veterans know how divorce affects their disability benefits and how ex-spouses can garnish their compensation. By being informed about these issues, vets can safeguard their benefits as well as avoid the unintended consequences.