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 is able to receive a monthly pension from the Department of veterans disability law firm Affairs.

He wants to know if a verdict of a juror will affect his VA benefits. It won't. However, it will affect the other sources of income he earns.

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

You could 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 could help you receive compensation for your medical bills, lost wages and other expenses that result from your injury or illness. The kind of settlement you'll receive will depend on whether your medical condition is service-connected, or not connected, the VA benefits you are eligible for, as well as the amount your accident or injury will cost to treat.

Jim, a 58-year veteran of Vietnam, was diagnosed as having permanent disabilities because of his two years of service. Jim does not have enough space for work to qualify for Social Security Disability benefits, however, he does have the VA Pension, which provides cash and medical care for free based on his financial need. He would like to understand what the implications of a personal injury settlement could affect his eligibility to get this benefit.

The answer depends on if the settlement is a lump sum or a structured one. Structured settlements require payments over time rather than one lump sum payment. The amount paid by defendant is calculated to offset existing VA benefits. A lump sum settlement can impact any existing VA benefits since the VA will annually assess and count it income. If Jim has assets that are not used up after the settlement is annualized, he can reapply to receive the Pension benefit. However, his assets must be below a minimum threshold that the VA has agreed establishes financial necessity.

Do I need to hire an attorney?

Many service members, spouses, and former spouses have questions about VA disability benefits and their effect on financial issues during a divorce. There are many other reasons, but some people believe that the Department of veterans disability law firms Affairs' compensation payments can be split like a military pension divorce or are "off limits" when it comes to calculation of child support and Alimony. These misconceptions may lead to grave financial errors.

It is possible to file an application for disability benefits by yourself However, most disabled veterans will require the help of a qualified lawyer. A skilled veteran's disability lawyer will examine your medical records and gather the necessary evidence needed to build a strong case to the VA. The lawyer can also help to file any appeals you may require to obtain the benefits you are entitled to.

The majority of VA disability lawyers don't charge for consultations. Additionally that the lawyer will normally 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. A fee agreement may stipulate that, for example, the government would pay the attorney up 20% of retroactive benefits. You will be accountable for any additional sums.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. The funds are meant to compensate for the effects of illnesses, injuries or disabilities that were sustained or aggravated during a veteran's time of service. The veterans disability benefits are subject to garnishment just like other incomes.

Garnishment allows a court order that an employer or government agency withhold money from the pay of a person who owes an amount and then pay it directly to a creditor. In the event of a divorce the garnishment could be used for child or spousal maintenance.

There are a few situations in which veterans' benefits could be encashable. The most common situation involves veterans who have waived their military retirement in order to receive disability compensation. In these cases the portion of the pension that is allocated to disability pay can be garnished for family support obligations.

In other instances veterans' benefits could be withdrawn to cover medical expenses or past-due federal student loans. In these cases the court might be able to direct the case to the VA to obtain the necessary information. It is crucial for disabled veterans to find a competent lawyer to ensure that their disability benefits are not being snatched away. This will stop them from relying on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a great help to veterans disability lawyer as well as their families. However they do come with their own set of complications. For instance the case where a veteran is divorced and receives an VA disability settlement, they should know how this will affect the benefits they receive.

In this case, the main question is whether disability payments are considered to be assets that could be divided in a divorce. The issue has been resolved in a variety of ways. One method is an Colorado court of appeals decision that found that VA disability payments are not property and cannot be divided in this way. The U.S. Supreme Court ruled in Howell that garnishing a veteran's VA disability benefits for Alimony was against the USFSPA.

Another concern related to this issue is how disability benefits are interpreted to determine child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income to be used for this purpose. However, some states have taken different approaches. Colorado for instance adds all income sources together to determine the amount required to support a spouse. The state then adds disability income in order to account for their tax-free status.

It is also important that veterans know how divorce will affect their disability benefits and how their spouses who divorced could slash their benefits. By being knowledgeable about these issues, veterans can ensure the security of their earnings and avoid any unintended consequences.