How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled due to his time in the military. He receives a monthly pension benefit from the Department of Veterans Affairs.

He would like to know how the verdict of a jury 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 get compensation for an Accident?

If you've been in the military, and are permanently disabled as a result of injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement will allow you to receive compensation for your medical bills, lost wages and other expenses resulting from your injury or illness. 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 qualify for, as well as the cost to treat your injury or accident.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service during the Vietnam War. He hasn't got enough work space to qualify for Social Security disability benefits but there is a VA Pension benefit, which offers cash and free medical assistance dependent on financial need. He wants to learn how a personal injury lawsuit will affect his ability to benefit from this benefit.

The answer is contingent upon whether the settlement is a lump sum or a structured one. Structured settlements are settlements that are paid over a time frame rather than as a single payment and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum settlement will probably alter any existing benefits as the VA considers it income and will annualize it. In the event that there are any excess assets are left after the period of twelve months when the settlement is annualized Jim may be eligible to apply again for the Pension benefit, but only if his assets are less than a minimum threshold that the VA determines to be a financial need.

Do I need to hire an attorney?

Many service members, spouses and former spouses are concerned about VA disability payments and their effect on financial issues in divorce. Some people believe, among other things that the Department of veterans disability law firms (www.cowgirlboss.com) Affairs compensation payments are split like military retirements in a divorce case or that they're "off limits" in calculating child support and Alimony. These misconceptions can lead to financial errors that have serious consequences.

While it is possible to do an initial claim for disability benefits on your own, many disabled veterans benefit from the assistance of a skilled lawyer. A disability attorney for veterans can examine your medical records in order to gather the necessary evidence to present a convincing case in front of the VA. The lawyer will also be able to file any appeals you may require to receive the benefits you're entitled to.

In addition, the majority of VA disability lawyers do not charge fees for consultations. Additionally the lawyer will typically be paid by the government directly from the retroactive past-due benefits. This is a benefit of the Equal Access to Justice Act. The proportion of retroactive past-due benefits your lawyer will be paid should be clearly stated in your fee agreement. For example the fee agreement could specify that the government will pay the lawyer up to 20% of retroactive benefits or award. You will be responsible for any additional sums.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA the compensation is paid in the form of monthly payments. The purpose of the payments is to help offset the effects of diseases, disabilities or injuries sustained or aggravated due to a veteran's military service. The veterans disability benefits are subject to garnishment, just like other incomes.

Garnishment is a legal process that permits a court to order an employer or government agency to take money from the pay of an employee who owes money and transfer them directly to an individual creditor. In the event of divorce, garnishment could be used to pay spousal support or child support.

However, there are certain situations in which a veteran's disability benefits may be refunded. Most often, it is the case of a veteran who renounced his retirement from the military in order to receive disability compensation. In these cases the portion of the pension apportioned to disability pay can be garnished to pay family support obligations.

In other cases veterans disability attorneys' benefits could be seized to pay medical expenses or past-due federal student loans. In these instances the court could go directly to the VA to obtain the information they require. It is crucial for a disabled veteran to find a competent attorney to ensure that their disability benefits are not removed. This will help them avoid having to depend on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous assistance to veterans disability law firm and their families, but they don't come without their own set of issues. For instance the case where a veteran is divorced and receives a VA disability settlement, they must be aware of how this will affect their benefits.

One of the major issues in this context is whether disability payments count as divisible assets in divorce. This question has been answered in two ways. A Colorado court of appeals decision determined that VA disability payments were not property and therefore could not be divided this manner. Another option is the U.S. Supreme Court ruling in Howell that held that garnishing the veteran's VA disability benefits to pay for Alimony is against the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to this issue is the handling of disability benefits for child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. However, certain states have adopted different approaches. Colorado for instance adds all sources of income together to determine the amount needed to provide for a spouse. Colorado then adds disability income in order to account for their tax-free status.

It is also crucial to know how divorce can affect their disability benefits and how ex-spouses could slash their benefits. By being aware of these issues, vets can protect their compensation and avoid any unintended consequences.