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 wants to know if a verdict of a juror will impact his VA benefits. It won't. But it will have some impact on his other sources of income.

Can I get compensation in the event of an accident?

If you've been in the military and are now permanently disabled because of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement can assist in compensating you for medical bills, lost income, and other costs that resulted from your injury or sickness. The kind of settlement you will receive will depend on whether your illness or injury is service-related, what VA benefits you qualify for, and the amount you will need to treat your accident or injury.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities following two years of service in the Vietnam War. He does not have enough working space to qualify for Social Security disability benefits but the VA Pension benefit which provides medical care and cash in accordance with financial need. He would like to understand how a personal injury lawsuit can affect his ability to receive this benefit.

The answer will depend on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements are payments 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 payment can impact any existing VA benefits because the VA will annually assess and count it income. If Jim has excess assets after the settlement is annualized then he is eligible to be eligible for the pension benefit. However the assets must be under a limit that the VA has agreed establishes financial necessity.

Do I require an attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its impact on financial issues in divorce cases. Some people believe that the Department of amory Veterans disability law firm Affairs' compensation payments can be divided like a pension from a military service in divorce or are "off limits" in calculation of child support and Alimony. These misconceptions can lead to serious financial errors.

While it is possible to submit an initial claim for disability benefits on your own, most disabled veterans get the assistance of a skilled lawyer. An experienced veteran's disability lawyer can review your medical documents and gather the required evidence to present a strong case to the VA. The lawyer can also file any appeals that you might need 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 the payment of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The proportion of retroactive past-due benefits your lawyer will be paid should be outlined in your fee agreement. A fee agreement may stipulate for instance that the government will pay the attorney 20 percent of retroactive benefits. You are responsible for any additional sums.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans. The funds are meant to help offset the impact of injuries, illnesses or disabilities that were suffered or aggravated during a veteran's service. The st michael veterans disability attorney disability benefits are subject to garnishment as is any other income.

Garnishment is a court-ordered procedure that an employer or a government agency withhold cash from the pay of a person who has an obligation and pay it directly to a creditor. In the event of divorce, garnishment may be used to pay for spousal support or child support.

There are situations where the benefits of a veteran can be repaid. The most common scenario is a veteran who waived their military retirement in order to receive disability compensation. In these instances, the amount of pension allocated to disability payments may be garnished for family support obligations.

In other instances it is possible for a veteran's benefits to be garnished to pay for medical expenses or past due federal student loans. In these cases the court may be able to directly to the VA to obtain the necessary information. It is important for a disabled veteran to find a competent attorney to ensure that their disability benefits aren't garnished. 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 can be a big aid to veterans and their families, but they don't come without their own set of complications. For example the case where a veteran is divorced and is awarded a VA disability settlement, they should know how this will affect the benefits they receive.

In this context one of the major issues is whether or not disability payments count as assets that could be divided in divorce. This issue has been settled in a couple of ways. A Colorado court of appeals decision decided that VA disability payments were not property and could not be divided this manner. Another method is an U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability payments to pay for an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to 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 chosen to take a different approach. Colorado for instance, takes all income sources together to determine the amount required to support a spouse and then adds disability income in order to take into account their tax-free status.

It is also crucial that veterans are aware of the impact divorce has on their disability benefits and how their spouses who divorced could slash their benefits. By being aware of these questions, veterans can guard their earnings and avoid any unintended consequences.