"The Ultimate Cheat Sheet" On Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client is permanently disabled due to his service in the military. He receives a monthly pension benefit from the Department of veterans disability lawsuit Affairs.

He would like to know how the verdict of a jury will affect his VA benefits. The answer is that it will not. It will, however, have an impact on the income sources of his other income sources.

Can I receive compensation for an accident?

If you've been in the military and are now permanently disabled as a result of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement could help you receive compensation for your medical bills, lost wages and other costs resulting from your illness or injury. The type of settlement you'll be able to get will depend on whether the health condition is non-service connected, the VA benefits you qualify for, as well as the amount your accident or injury will cost to treat.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities after two years of service in the Vietnam War. He does not have enough working space to qualify for Social Security disability benefits but there is a VA Pension benefit that provides cash and free medical care based on financial need. He wants to determine if a personal accident settlement would affect his eligibility to be eligible for this benefit.

The answer will depend on whether the settlement is a lump sum or a structured one. Structured settlements are settlements that are paid over a time frame rather than in a single payment and the amount received by the defendant is calculated to offset any existing VA benefits. However, a lump sum settlement will probably affect any existing benefits because the VA considers it as income and will increase it. In either case, if excess assets are left over after the twelve-month period when the settlement is annualized, Jim could apply again for the Pension benefit, but only if his assets are below a certain threshold that the VA determines to be a financial need.

Do I need to employ an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its effect on money issues in divorce cases. There are many other reasons, but some people think that the Department of veterans disability lawsuits Affairs' compensation payments can be divided like a military pension divorce or are "off limits" in the calculation of child support and alimony. These misconceptions could lead to financial mistakes that have serious repercussions.

While it is possible to file an initial claim for disability benefits on your own, many disabled veterans get the assistance of a professional lawyer. An experienced veteran's disability lawyer can review your medical documents and gather the necessary evidence to support your case to the VA. The lawyer will also be able to submit any appeals you require to receive the benefits you deserve.

Furthermore, the majority of VA disability lawyers do not charge fees for consultations. Additionally, the lawyer will generally be paid by the government directly out of your retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The amount of retroactive past due benefits that your lawyer will receive should be outlined in your fee agreement. For example, a fee agreement can stipulate that the government will pay the lawyer up to 20% of retroactive benefits or pay. You will be responsible for any additional costs.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. The purpose of the payments is to offset some of the effects of disabilities, diseases or injuries incurred during or aggravated during a veteran's military service. The benefits for veterans with disabilities are subject to garnishment like any other income.

Garnishment is a court-ordered procedure that an employer or government agency deduct funds from the paycheck of an individual who owes an obligation and pay it directly to a creditor. In the case of divorce, garnishment could be used to pay spousal support or child support.

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

In other cases, a veteran's benefit may be seized in order to pay medical bills or federal student loans that are over due. In these instances the court might be able to the VA to obtain the necessary information. It is essential for a disabled veteran to retain a knowledgeable lawyer to ensure that their disability benefits aren't being snatched away. This will prevent 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 help to veterans as well as their families. However they also come with their own set complications. If a person divorces and receives a VA settlement it is important to be aware of the implications to the benefits they receive.

A major issue in this context is whether or not disability payments are considered divisible assets in divorce. This question 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 in this way. Another option is the U.S. Supreme Court ruling in Howell which held that garnishing a veteran's VA disability payments to pay for alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern related to this topic is how the disability benefits are treated in the context of child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income for these purposes. Certain states use different methods. For instance, Colorado adds up all sources of income to determine the amount in support a spouse will need and then adds up the disability payments to take into the fact that they are tax-free.

Additionally, it is essential that veterans understand how their disability compensation will be affected if they are divorced and how their ex-spouses may garnish their compensation. By being aware of these issues, vets can ensure their compensation and avoid the unintended consequences.