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 litigation Affairs.

He would like to know how the verdict of a jury will impact his VA benefits. It will not. It will, however, affect his other sources of income.

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

If you've served in the military but are now permanently disabled because of injuries or illnesses, you may be eligible for a veterans disability case disability settlement. This settlement can help compensate you for medical bills, lost income and other expenses that resulted from your injury or sickness. The type of settlement you could receive will depend on whether or not your injury or illness is service-connected, what VA benefits you are eligible for, as well as the cost to treat your injury or accident.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities following two years of service in the Vietnam War. Jim does not have enough space for work to qualify for Social Security Disability benefits, however, he can claim the VA Pension which offers free medical treatment and cash dependent on the amount of money he needs. He wants to know if a personal injury settlement would affect his ability receive this benefit.

The answer is dependent on whether the settlement is a lump-sum or a structured one. Structured settlements are those that are made over a time period rather than a single payment and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum settlement can affect any existing VA benefits because the VA will annually evaluate and consider it income. In the event that there are any excess assets are left after the twelve month period when the settlement has been annualized Jim may be eligible to apply again for the pension benefit, but only if his assets are less than a minimum threshold that the VA determines to be a financial need.

Do I need to hire an attorney?

Many spouses, military personnel, veterans disability compensation and former spouses are concerned about VA disability benefits and their impact on financial issues during divorce. Among other things, some people think that the Department of Veterans Affairs' compensation payments are able to be divided like a pension from a military service in a divorce or that they are "off limits" when it comes to 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, many disabled veterans can benefit from the assistance of an experienced lawyer. A veteran's disability lawyer can review your medical records to gather the evidence needed to argue your case in front of the VA. The lawyer can also file any appeals that you might need to get the benefits you deserve.

Moreover, most VA disability lawyers don't charge fees for consultations. The government also pays the lawyer directly from the payment of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly define the percentage of retroactive benefits that will be paid to your lawyer. For example the fee agreement could specify that the government will pay the lawyer up to 20% of the retroactive benefits or pay. You are responsible for any additional costs.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. The payments are intended to alleviate the effects of injuries, diseases or disabilities that have been sustained or worsened during the veteran's time of service. The benefits for veterans disability lawyers Disability compensation (recaptcha.cloud) with disabilities are subject to garnishment, just like other incomes.

Garnishment permits a court order that an employer or government agency withhold funds from the paycheck of an individual who owes the debt and pay it directly to a creditor. In the event of a divorce the garnishment could be used for child or spousal care.

There are a few circumstances where a veteran's disability benefits could be garnished. The most common situation involves the veteran who has waived their military retirement in order to claim disability compensation. In these situations the pension portion that is devoted to disability benefits can be garnished to fulfill the family support obligations.

In other situations, a veteran's benefits can be withdrawn to cover medical expenses or past due federal student loans. In these cases the court can go directly to the VA for the information they need. It is essential for veterans disability compensation disabled veterans to work with a reputable attorney to ensure that their disability benefits aren't removed. This will help them avoid being forced to rely on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are an excellent help to veterans disability attorneys and their families. However they have their own set of complications. If a veteran divorces and receives a VA settlement it is important to be aware of the impact this could have to their benefits.

In this case, the main question is whether or not disability benefits are considered assets that can be split in a divorce. This question has been resolved in a variety of ways. One method is the Colorado court of appeals decision, which found that VA disability payments are not property and can't be divided as such. Another way is through the U.S. Supreme Court ruling in Howell that 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 with this topic is the treatment 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 different approaches. Colorado is one example. It takes all income sources together to determine the amount required to support a spouse and then adds on disability payments to reflect their tax-free status.

It is also vital that veterans know how divorce will affect their disability compensation and how their ex spouses could take advantage of their compensation. If they are aware of these questions, veterans can guard their compensation and avoid unintended consequences.