The Three Greatest Moments In Veterans Disability Litigation History

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 Affairs.

He would like to know how the verdict of a jury will impact his VA benefits. The answer is that it will not. It will, however, have an impact on the income sources of his other income sources.

Can I get 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 help pay you for medical bills, lost income, and other expenses resulting from your injury or sickness. The type of settlement you'll receive depends on whether your medical condition is service-connected, or not connected, which VA benefits you are eligible for, as well as the amount your injury or accident will cost to treat.

Jim, a 58 year veteran of Vietnam, was diagnosed as having permanent disabilities due to his two years of service. He hasn't got enough work space to be eligible for Social Security disability benefits but he does have a VA Pension benefit that offers cash and free medical assistance dependent on financial need. He wants to find out if a personal injury settlement could affect his ability to be eligible for this benefit.

The answer is dependent on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements are payments made over a time frame rather than a single payment, and the amount paid by the defendant is used to offset any existing VA benefits. However, a lump sum settlement will probably affect any existing benefits because the VA considers it to be income and will annually calculate it. If Jim has extra assets after the settlement is annualized the applicant can apply again to receive the Pension benefit. However the assets must be under a limit that the VA has set that establishes financial necessity.

Do I have to hire an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and its impact on the financial aspects of divorce cases. Some people believe, among other things, that the Department of Veterans Affairs compensation payments can be split as a military retirement in divorce proceedings or that they're "off limits" when it comes to calculating child support and Alimony. These misconceptions may lead to grave financial errors.

While it is possible to submit an initial claim for disability benefits on your own, the majority of disabled veterans can benefit from the assistance of a skilled attorney. A disability attorney for veterans can examine your medical records in order to gather the evidence required to prove your case in front of the VA. The lawyer can also file any appeals you may require to get the benefits you are entitled to.

Most VA disability lawyers don't charge for consultations. The government will also pay the lawyer directly from the award of retroactive benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should clearly specify the amount of retroactive benefits to 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. Any additional amounts will be your the responsibility of the attorney.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA it is received in the form of monthly payments. The funds are meant to compensate for the effects of injuries, illnesses or disabilities that have been sustained or aggravated by a veteran's service. Like all income, the veterans disability benefits are subject to garnishment.

Garnishment is a legal process that allows a court to order an employer or government agency to deduct funds from the pay of an employee who owes money and send them directly to an individual creditor. In the case of a divorce, garnishment can be used to pay spousal support or child support.

There are certain situations where the benefits of a veteran can be garnished. The most common situation involves a veteran who waived their military retirement to get disability compensation. In these situations, the portion of pension that is devoted to disability payments can be garnished in order to fulfill the family support obligations.

In other circumstances, a veteran's benefits can be seized to pay medical expenses or past due federal student loans. In these situations, a court can go directly to the VA to obtain the information they need. A disabled veteran should seek out an experienced attorney to protect their disability benefits. This will allow them to avoid having to rely on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge assistance to veterans disability lawyers and their families. However they have specific complications. For example in the event that a veteran gets divorced and is awarded a VA disability settlement, they should be aware of what effect this will have on their benefits.

In this case, the main question is whether or not disability payments are considered to be assets that can be split in a divorce. This question has been answered in two ways. One option is an Colorado court of appeals decision that found that VA disability payments are not property and cannot be divided as such. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability payments for Alimony was against the USFSPA.

Another issue related to this subject is how disability benefits are interpreted for purposes of 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. Certain states take different methods. For instance, Colorado adds up all sources of income to determine the amount in support a spouse will need and then adds the disability benefits to take into the fact that they are tax-free.

It is also crucial that Veterans Disability Law firms 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 protect their compensation as well as avoid unintended consequences.