How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58 year old man is permanently disabled due to his military service. He receives a monthly Pension benefit from the Department of temecula veterans disability lawsuit Affairs.

He wants to know if the jury's verdict will affect his VA benefits. It won't. However, it will affect his other sources of income.

Can I Receive Compensation for an Accident?

If you've served in the military, and are permanently disabled because of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement can help compensate you for medical expenses, lost income and other expenses resulting from your injury or sickness. The kind of settlement you'll be able to get will depend on whether the condition is service-connected or not connected, what VA benefits you qualify for, and the amount your accident or injury will cost to treat.

Jim, a 58 year old Vietnam veteran was diagnosed with permanent disabilities due to his two years of service. Jim does not have enough work space to qualify for Social Security Disability benefits, however, he is able to claim the VA Pension, which provides free medical treatment and cash depending on the financial needs of his. He would like to understand how a personal injury settlement will affect his eligibility to get this benefit.

The answer depends on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements consist of payments over a period of time instead of one single payment. The amount paid by the defendant is calculated to offset the existing VA benefits. In contrast, a lump sum settlement will probably alter any existing benefits as the VA considers it income and will annualize it. In any case, if there are excess assets remain after the twelve-month period after the settlement is annually recalculated, Jim could apply again for the Pension benefit, but only if his assets are below a threshold that the VA determines to be a financial need.

Do I need to hire an attorney?

Many spouses, military personnel, and former spouses have concerns about VA disability benefits and their impact on money issues during divorce. Some people believe, among other things, that Department of Veterans Affairs compensation payments can be divided like an army retirement in divorce proceedings or that they're "off limits" when calculating child support and alimony. These misconceptions can result in financial mistakes that have serious consequences.

It is possible to submit an application for disability benefits by yourself, but most disabled veterans will benefit from the assistance of a qualified lawyer. A veteran's disability lawyer can examine your medical records to gather the evidence needed to argue your argument before the VA. The lawyer will also be able to make any appeals you require to receive the benefits you're entitled.

Moreover, most VA disability lawyers do not charge fees for consultations. In addition that the lawyer will normally be paid by the government directly out of your retroactive past-due benefits. This is one of the benefits of the Equal Access to Justice Act. The amount of retroactive past-due benefits that your lawyer will be paid must be specified in your fee agreement. For example, a fee agreement can provide that the government can pay the attorney up to 20% of the retroactive benefits or pay. You will be responsible for any additional amounts.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. The funds are intended to compensate for some of the effects of disabilities, diseases or injuries that are sustained or aggravated due to a veteran's military service. Like all income, the benefits for veterans with disabilities are subject to garnishment.

Garnishment is a legal action that allows a court to order an employer or government agency to omit funds from the wages of a person who is in debt and to send them directly to a creditor. In the event of divorce, garnishment may be used to pay child or spousal care.

There are some situations where veterans' benefits could be garnished. The most common scenario involves a veteran who waived their military retirement to receive disability compensation. In these instances, the portion of the pension allocated to disability payments may be garnished for family support obligations.

In other cases veterans' benefits could be garnished to pay for medical expenses or past-due federal student loans. In these cases a court may be able to the VA to get the required information. A disabled veteran should hire an experienced attorney to protect their disability benefits. This can prevent them from having to rely on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge help to linton veterans disability lawsuit as well as their families. However they do come with their own set complications. For example the case where a veteran is divorced and is awarded a VA disability settlement, they should be aware of what effect this will have on the benefits they receive.

One of the major issues in this regard is whether or not disability payments are considered to be divisible assets in divorce. This question has been resolved in a couple of ways. A Colorado court of appeals ruling determined that VA disability payments were not property and could not be divided in this way. Another method is the U.S. Supreme Court ruling in Howell that ruled that garnishing the veteran's VA disability benefits to pay alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern related to this issue is the handling of disability benefits for child support and maintenance. Both the USFSPA, as well as the Supreme Court, prohibit states from claiming 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 how much in support a spouse will need and then adds up the disability benefits to take into account that they are tax-free.

It is also important for veterans to be aware of how their disability benefits will be affected if they become divorced and how their ex-spouses may affect their compensation. By being informed about these issues, vets can ensure their compensation as well as avoid the unintended consequences.