How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled as a result of his time in the military. He gets a monthly pension from the Department of Veterans Affairs.

He would like to know if a verdict of a juror will affect his VA benefits. The answer is that it will not. However, it will have an impact on his other sources of income.

Can I receive compensation in the event of an accident?

If you've served in the military and are now permanently disabled due to injuries or illnesses, you could be eligible for a veterans disability settlement. This settlement could help you get compensation for medical bills, lost wages, and other expenses resulting from your injury or illness. The kind of settlement 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.

For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. He hasn't got enough work space to be eligible for Social Security disability benefits but he does have a VA Pension benefit which provides medical care and cash based on financial need. He would like to know how a personal injury lawsuit will affect his ability to get this benefit.

The answer will depend on whether the settlement is a lump sum or a structured one. Structured settlements are payments made over a time period instead of in one payment and the amount received by the defendant is used to offset any existing VA benefits. A lump sum settlement will impact any existing VA benefits as the VA will annually assess and count it as income. If Jim has excess assets after the settlement is annually adjusted then he is eligible to receive the Pension benefit. However the assets must be below a minimum threshold that the VA has set that establishes financial necessity.

Do I need to employ an attorney?

Many spouses, military personnel, and former spouses are concerned about VA disability payments and their impact on money issues during divorce. Among other things, some people believe that the Department of colusa veterans disability lawyer Affairs' compensation payments are able to be divided like a military pension in a divorce or that they are "off limits" in calculation of child support and alimony. These misconceptions can result in financial mistakes that can have grave consequences.

It is possible to submit an application for disability benefits on your own however, the majority of disabled garfield veterans disability lawsuit will benefit from the assistance of a skilled lawyer. A veteran's disability attorney will review your medical records to gather the evidence needed to prove your case before the VA. The lawyer can also file any appeals that you may need in order to receive the benefits you deserve.

Most VA disability lawyers don't charge for consultations. In addition that the lawyer will normally 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 be paid should be outlined in your fee agreement. A fee agreement could say, for example, that the government will provide the attorney with 20 percent of retroactive benefits. Any additional amounts are your responsibility.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans. The payments are intended to help offset the impact of injuries, illnesses or disabilities that have been sustained or aggravated by a veteran's time of service. Like other income sources, veterans disability benefits could be subject to garnishment.

Garnishment is a legal procedure that permits a court to decide that an employer or a 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 a divorce garnishment can be used to pay child or spousal support.

There are a few situations in which the benefits of a veteran can be repaid. The most frequent is the veteran who renounced his military retirement in order to receive disability compensation. In these cases the amount of pension that is attributed to disability benefits can be garnished to pay family support obligations.

In other circumstances, veteran's benefits could be seized in order to pay for medical expenses or federal student loans that are over due. In these cases the court may be able to direct the case to the VA to get the required information. A disabled veteran should hire an experienced attorney to safeguard their disability benefits. This will help them avoid having to rely on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge assistance to veterans and their families. However they have their own set of complications. If a veteran is divorced and receives an VA settlement it is important to know what this will do to the benefits they receive.

In this context, a major question is whether or not disability benefits are considered assets that can be split during a divorce. This question has been addressed in two ways. One method is a Colorado court of appeals decision that found that VA disability payments are not property and colusa veterans disability lawyer cannot be divided in this way. Another option is an U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability benefits to pay an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to this issue is the treatment of disability benefits to children for support and maintenance. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. However, some states have adopted a different approach. Colorado is one example. It adds all sources of income together to determine the amount needed to provide for a spouse. Colorado then adds on disability payments in order to account for their tax-free status.

It is also important that veterans are aware of the impact divorce has on their disability benefits and how ex-spouses can garnish their compensation. By being informed about these issues, escalon veterans disability lawyer can protect their income as well as avoid the unintended consequences.