This Week s Top Stories Concerning Veterans Disability Litigation

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 will not. But it will have an impact on the other sources of income he has.

Can I receive compensation in the event of an accident?

You could be eligible to receive a settlement if you were a soldier but are now permanently disabled as a result of injuries or illnesses. This settlement could help you receive compensation for your medical expenses, lost wages, and other costs resulting from your injury or illness. The type of settlement that you can receive will depend on whether your injury or illness is service-connected, what VA benefits you are eligible to receive, and the amount to treat your injury or accident.

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

The answer is contingent upon whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements consist of payments over time rather than one single payment. The amount paid by defendant is calculated to offset existing VA benefits. However, a lump sum payout will likely affect existing benefits since the VA considers it as income and will increase it. If Jim has extra assets after the settlement has been annualized the applicant can apply again to be eligible for the pension benefit. However the assets he has to be less than a certain threshold that the VA has set to establish financial necessity.

Do I Need to Hire an Attorney?

Many spouses, military personnel, and former spouses have questions about VA disability benefits and their impact on financial issues during a divorce. Among other things, some people believe that the Department of Veterans Affairs' compensation payments can be split as a military pension in divorce or are "off limits" when it comes to calculation of child support and alimony. These misconceptions can lead to serious financial mistakes.

While it is possible to file an initial claim for disability benefits on your own, most disabled veterans require the assistance of an experienced attorney. A veteran's disability lawyer can examine your medical records in order to gather the evidence needed to present a convincing case before the VA. The lawyer can also file any appeals you may need in order to get the benefits you deserve.

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 fee agreement should clearly state the amount of retroactive benefits that will be paid to your lawyer. For instance the fee agreement could stipulate that the government will pay the attorney up to 20% of retroactive benefits or provide. You will be accountable for any additional amount.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans. The purpose of the payments is to compensate for the effects of illnesses, injuries or disabilities that have been sustained or aggravated during a veteran's service. As with all income, veterans disability benefits are subject to garnishment.

Garnishment is a legal procedure that allows a court to make an order to an employer or government agency to withhold funds from the paycheck of a person who owes money, and then send them directly to a creditor. In the event of divorce, garnishment can be used to pay child or spousal care.

However, there are a few circumstances where a veteran's disability benefits may be repaid. Most often, it is the case of a veteran who waived his military retirement in order to receive disability compensation. In these scenarios, the portion of pension that is devoted to disability payments can be garnished to meet family support obligations.

In other cases veterans Disability Law firms' benefits could be seized to pay medical expenses or past due federal student loans. In these instances a court may be able to go straight to the VA to obtain the necessary information. It is crucial for a disabled veteran to find a competent attorney to ensure that their disability benefits aren't garnished. This will stop them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous assistance to veterans and their families. However they also come with their own set complications. If a person divorces and receives an VA settlement it is important to be aware of what this might do to the benefits they receive.

One of the major issues in this regard is whether or not the disability benefits are considered divisible assets in a divorce. The issue has been resolved in a couple of ways. One option is the Colorado court of appeals decision which concluded that VA disability payments are not property, and therefore cannot be divided in that way. Another option is the U.S. Supreme Court ruling in Howell which ruled that garnishing the veteran's VA disability benefits to pay for the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue related to this issue is how disability benefits are treated in the context of child maintenance and support. Both the USFSPA and the Supreme Court, prohibit states from counting disability benefits as income. However, certain states have chosen to take an alternative approach. 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 into the fact that they are tax-free.

It is also vital to know the impact divorce has on their disability compensation and how their ex spouses can garnish their compensation. By being aware of these issues, veterans disability lawsuits can protect their benefits and avoid unintended consequences.