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How a Veterans 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 Affairs.

He would like to know if a jury verdict will affect his VA benefits. It won't. It will, however, affect his other income sources.

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

You may be eligible to receive a settlement if you have served in the military, but are now permanently disabled because of injuries or illnesses. This settlement can help compensate you for medical bills, lost income and other expenses that resulted from your illness or injury. The type of settlement that you can receive will depend on whether or not your injury or illness is service-related, what VA benefits you qualify for, and the cost to treat your accident or injury.

Jim is a 58 year veteran of Vietnam, was diagnosed as having permanent disabilities as a result of his two years of service. Jim does not have enough work space to be eligible for Social Security Disability benefits, however, he can claim an VA Pension that offers free medical treatment and cash dependent on the amount of money he needs. He wants to find out if a personal injury settlement could affect his ability to get this benefit.

The answer will depend on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements consist of installments over time, rather than a single payment. The amount paid by defendant is calculated to offset the existing VA benefits. A lump sum settlement can affect any existing VA benefits since the VA will annualize and consider it to be income. In any event, if extra assets are left after the twelve-month period when the settlement is annualized, Jim could be eligible for a new pension benefit, but only if his assets are less than a minimum threshold that the VA determines to be a financial need.

Do I require an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and its impact on money issues in divorce cases. There are many other reasons, but some people believe that the Department of Veterans Affairs' compensation payments can be split as a military pension in a divorce or that they are "off limits" when it comes to calculation of child support and alimony. These misconceptions may lead to serious financial mistakes.

While it is possible to submit an initial claim for disability benefits by yourself, the majority of disabled veterans require the assistance of a professional lawyer. A veteran's disability attorney can examine your medical records in order to gather the necessary evidence to make a strong case in front of the VA. The lawyer can also help to submit any appeals you require to receive the benefits you're entitled.

Moreover, most VA disability lawyers don't charge fees for consultations. The government will also pay the lawyer directly from your amount of retroactive benefits. This is a benefit 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. For example your fee agreement may specify that the government will pay the lawyer up to 20% of retroactive benefits or give. You will be accountable for any additional amounts.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. The purpose of the payments is to offset some of the effects of diseases, disabilities or injuries sustained or aggravated during a veteran's military service. Like other income sources, veterans disability attorneys disability benefits are subject to garnishment.

Garnishment is a legal process which allows a court decide that an employer or a government agency to deduct funds from the pay of an employee who owes money and transfer them directly to an individual creditor. In the event of divorce, garnishment could be used to pay spousal maintenance or child support.

There are situations where the benefits of a veteran can be garnished. The most common situation involves veterans who have waived their military retirement to receive disability compensation. In these instances the amount of pension that is allocated to disability compensation can be garnished to meet family support obligations.

In other situations, veteran's benefits may also be garnished in order to pay for medical expenses or federal student loans that are past due. In these situations the court could go directly to the VA to obtain the information they require. A disabled veteran should employ an experienced attorney to safeguard their disability benefits. This will prevent them from having to depend on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous assistance to veterans and their families, however they come with their own set of complications. For instance when a veteran is divorced and is awarded a VA disability settlement, they should be aware of how this could affect the benefits they receive.

A major issue in this context is whether or not the disability payments are considered divisible assets in a divorce. This issue has been addressed in a variety of ways. One way is by a Colorado court of appeals decision which concluded that VA disability payments are not property and therefore cannot be divided in this way. The other way is by a U.S. Supreme Court ruling in Howell that held that garnishing a veteran's VA disability payments to pay for the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this issue is the handling of disability benefits to children for maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income for these purposes. However, certain states have taken an alternative approach. For https://cs.xuxingdianzikeji.com/home.php?mod=space&uid=129242&do=profile&from=space instance, Colorado adds up all sources of income to determine how much in support a spouse needs and then pluses up the disability payments to take account that they are tax-free.

It is also vital to know how divorce affects their disability benefits and how their spouses who divorced could slash their benefits. By being aware of these issues, vets can safeguard their benefits and avoid unintended consequences.