5 Laws Everybody In Veterans Disability Litigation Should Know

How a veterans disability law firm Disability Settlement Can Affect a Divorce Case

Jim's 58-year-old client is permanently disabled from his service in the military. He receives a monthly pension from the Department of Veterans Affairs.

He wants to find out if a verdict from a jury will impact his VA benefits. It won't. But it will have an 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 served in the military but are now permanently disabled as a result of injuries or illnesses. This settlement will pay you for medical bills, lost income and other expenses that resulted from your injury or sickness. The type of settlement that you will receive will depend on whether or not your injury or illness is related to service, what VA benefits you are eligible for, as well as the cost to treat your injury or accident.

Jim who is a 58-year old Vietnam veteran, was diagnosed as having permanent disabilities as a result of his two years of service. He isn't in a position to have enough work space to be eligible for Social Security Disability benefits, however, he does have the VA Pension which offers cash and Law medical treatment for free dependent on the amount of money he needs. He wants to understand how a personal injury lawsuit can affect his ability to be eligible for this benefit.

The answer will depend on whether the settlement is a lump sum or a structured one. Structured settlements are the ones that are paid over a long period of time instead of in one payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. In contrast, a lump sum settlement will probably affect any existing benefits because the VA considers it a tax-deductible income and will annually increase it. If Jim has extra assets after the settlement is annualized the applicant can apply again to receive the Pension benefit. However the assets he has to be below a threshold the VA has determined to be a financial necessity.

Do I Need to Hire an Attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and the impact it has on money issues in a divorce case. Some people think that the Department of Veterans Affairs' compensation payments are able to be divided like a pension from a military service in divorce or are "off limits" when it comes to calculation of child support and alimony. These misconceptions may lead to serious financial errors.

While it is possible to submit an initial claim for disability benefits on your own, the majority of disabled veterans get the assistance of a skilled lawyer. An experienced veteran's disability lawyer can examine your medical records and gather all the necessary evidence to present a strong argument to the VA. The lawyer can also help to file any appeals that you require to obtain the benefits you are entitled to.

In addition, the majority of VA disability lawyers do not charge fees for consultations. Additionally, the lawyer will generally be paid by the government directly out of your retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The amount of retroactive past due benefits that your lawyer will receive should be clearly outlined in your fee agreement. For instance your fee agreement may stipulate that the government will pay the lawyer up to 20% of the retroactive benefits or give. The attorney is responsible for any additional amounts.

Can I Garnish My VA Benefits?

When disabled veterans receive compensation from the VA it is received in the form of monthly payments. The purpose of the payments is to help offset the effects of disability, illness or injuries sustained or aggravated by a veteran's military service. As with all income, veterans disability benefits could be subject to garnishment.

Garnishment is a court-ordered procedure that an employer or government agency deduct funds from the paycheck of an individual who owes the debt and pay it directly to a creditor. In the event of divorce, garnishment may be used to pay spousal or child support or child support.

There are certain situations where veterans' benefits could be garnished. Most often, it is the case of a veteran who waived his retirement from the military in order to receive disability compensation. In these situations the part of pension that is devoted to disability compensation can be garnished to cover the obligations of family support.

In other cases, a veteran's benefits can be garnished to pay for medical expenses or past due federal student loans. In these cases, a court may be able to go straight to the VA to obtain the necessary information. It is crucial for a disabled veteran to work with a reputable lawyer to ensure that their disability benefits aren't removed. This can stop them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a big benefit for veterans disability lawsuit and their families, however they do come with their own set of complications. For instance, if a veteran gets divorced and is awarded an VA disability settlement, they should be aware of what effect this will have on the benefits they receive.

A major issue in this regard is whether or not the disability benefits are considered divisible assets in 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 in this manner. Another way is through an U.S. Supreme Court ruling in Howell that held that garnishing the veteran's VA disability payments to pay alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this subject is the treatment of disability benefits for child support and maintenance. Both the USFSPA and the Supreme Court, prohibit states from counting disability benefits as income. However, some states have chosen to take different approaches. For instance, Colorado adds up all sources of income to determine the amount in support a spouse requires and then pluses up the disability payments to take account that they are tax free.

It is also crucial that veterans know how divorce will affect their disability compensation and how their spouses who divorced could slash their benefits. By being aware of these issues, veterans can safeguard their benefits and avoid unintended consequences.