15 Veterans Disability Litigation Bloggers You Should Follow

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58 year old man, is permanently disabled as a result of his military service. He gets a monthly pension from the Department of Veterans Affairs.

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

Do I have the right to receive 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 can allow you to get compensation for medical expenses, lost wages, and other costs resulting from your injury or illness. The type of settlement you are eligible for will depend on whether or not your injury or illness is a result of a service connection, the VA benefits you are eligible for, and the amount you will need to treat your injury or accident.

For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities following 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, however, he is able to claim a VA Pension that provides free medical care and cash depending on the financial needs of his. He would like to know how a personal injury lawsuit will affect his ability to receive this benefit.

The answer is contingent upon whether the settlement is a lump sum or a structured one. Structured settlements are the ones that are paid over a time period 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 payout is likely to affect existing benefits since the VA considers it as income and will increase it. In the event that there are any excess assets are left after the 12 month period after the settlement is annually recalculated, Jim may be eligible to apply again for the Pension benefit, but only if his assets fall less than a minimum threshold that the VA determines to be a financial need.

Do I really need to hire an Attorney?

Many service members, spouses, and former spouses have questions about VA disability benefits and their impact on financial issues in divorce. There are many other reasons, but some people believe that the Department of veterans disability lawyers Affairs' compensation payments can be divided as a military pension in divorce or are "off limits" in calculation of child support and Alimony. These misconceptions can lead to financial errors which can have serious consequences.

While it is possible to do an initial claim for disability benefits on your own, most disabled veterans disability law firms can benefit from the assistance of a professional lawyer. A disability attorney for veterans can examine your medical records to collect the evidence necessary to present a convincing case to the VA. The lawyer can also file any appeals you may need in order to get the benefits you are entitled to.

The majority of VA disability lawyers do not charge for consultations. The government also pays the lawyer directly from your payment of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The amount of retroactive past-due benefits that your lawyer will receive must be specified in your fee agreement. A fee agreement could stipulate that, for example, the government will provide the attorney with 20 percent of retroactive benefits. Any additional amounts are your responsibility.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans. These payments are designed to alleviate the effects of diseases, injuries or disabilities that were sustained or aggravated during a veteran's time of service. The benefits for veterans' disability are subject to garnishment, like any other income.

Garnishment is a legal action that permits a court to order an employer or government agency to take money from the paycheck of a person who owes money and transfer them directly to the creditor. In the event of a divorce garnishment can be used to pay child or spousal support.

There are some situations where veterans' benefits could be repaid. The most common situation involves a veteran who waived their military retirement in order to receive disability compensation. In these instances the part of pension that is allocated to disability pay can also be garnished in order to meet family support obligations.

In other instances, a veteran’s benefits can also be garnished to pay for medical expenses or federal student loans that are over due. In these situations the court may be able to go straight to the VA to obtain the necessary information. It is crucial for disabled veterans to hire a knowledgeable lawyer to ensure that their disability benefits are not removed. This will prevent them from having to depend on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a major benefit for veterans and their families, but they do come with their own set of issues. If a veteran is divorced and receives an VA settlement and is eligible, they should be aware of the implications to their benefits.

One of the major issues in this regard is whether disability payments are considered divisible assets in a divorce. The issue has been resolved in a variety of ways. A Colorado court of appeals ruling found that VA disability payments were not property and could not be divided this manner. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability payments for the purpose of alimony was in violation of USFSPA.

Another issue that is related to this topic is the treatment of disability benefits for child support and maintenance. Both the USFSPA as well as the Supreme Court, prohibit states from counting disability benefits as income. However, some states have adopted a different approach. Colorado is one example. It takes all income sources together to determine the amount required to support a spouse. The state then adds disability benefits in order to account for their tax-free status.

It is also vital to know the impact divorce has on their disability benefits and how their ex spouses could take advantage of their compensation. By being informed about these issues, vets can safeguard their benefits and avoid unintended consequences.