How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58-year-old man, is permanently disabled as a result of his military service. He receives a monthly Pension benefit from the Department of Veterans Affairs.

He would like to know how a jury award will affect his VA benefits. The answer is not. However, it will have an impact on his other sources of income.

Do I have the right to receive compensation for an Accident?

You could be eligible for a settlement in the event that you served in the military but are now permanently disabled as a result of injuries or illnesses. This settlement can help you get compensation for medical bills, lost wages, and other expenses related to your injury or illness. The kind of settlement you can get will depend on whether the condition is service-connected or non-service connected, which VA benefits you qualify for, and what your accident or injury will cost to treat.

Jim is a 58 year veteran of Vietnam was diagnosed with permanent disabilities because of his two years of service. He doesn't have enough space for work to qualify for Social Security Disability benefits, however, he is able to claim an VA Pension that offers cash and medical care for free according to his financial need. He wants to know how a personal injury lawsuit will affect his ability to get this benefit.

The answer is dependent on whether the settlement is a lump sum or a structured one. Structured settlements consist of payments over a period of time rather than one single payment. The amount that defendant pays is calculated to offset the existing VA benefits. A lump sum payment will likely impact any benefits already in place because the VA considers it as income and will increase it. If Jim has surplus assets after the settlement is annually adjusted the applicant can apply again to receive the Pension benefit. However the assets must be under a limit that the VA has determined to be a financial necessity.

Do I need to hire an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and its effect on financial issues in a divorce case. Among other things, some people think that the Department of Veterans Affairs' compensation payments can be divided like a pension from a military service in a divorce or that they are "off limits" in the calculation of child support and alimony. These misconceptions can lead to financial errors that can have grave consequences.

While it is possible to make an initial claim for disability benefits on your own, most disabled baton rouge veterans disability law firm benefit from the assistance of an experienced attorney. A qualified veteran's disability lawyer can examine your medical records and gather all the necessary evidence needed to build a strong case at the VA. The lawyer can also help to file any appeals you may require to secure the benefits you are entitled to.

Additionally, the majority of VA disability lawyers do not charge fees for consultations. The government will also pay the lawyer directly from the award of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The proportion of retroactive past-due benefits that your lawyer will receive must be specified in your fee agreement. A fee agreement may stipulate for instance that the government will give the attorney up to 20 percent of retroactive benefits. Any additional amounts will be your obligation.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans. The payments are intended to help offset the impact of diseases, injuries or disabilities that were suffered or aggravated during a veteran's time of service. Like other income sources, veterans disability benefits are subject to garnishment.

Garnishment allows a court order that an employer or a government agency withhold money from the wages of a person who owes a debt and send it directly to the creditor. In the event of a divorce the garnishment could be used for child or spousal care.

There are a few situations in which a veteran's benefits can be garnished. The most frequent scenario involves a veteran who waived their military retirement to get disability compensation. In these instances, the portion of pension that is allocated to disability pay can also be garnished to pay for family support obligations.

In other circumstances Brookville Veterans Disability Lawsuit' benefits could be withdrawn to cover medical expenses or past-due federal student loans. In these cases the court may be able to direct the case to the VA to obtain the necessary information. A disabled veteran should employ an experienced lawyer to protect their disability benefits. This will stop 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 major benefit for perry veterans disability attorney and their families, but they don't come without their own set-of complications. If a veteran divorces and receives an VA settlement and is eligible, they should be aware of the impact this could have to their benefits.

One of the major issues in this regard is whether disability benefits are considered divisible assets in divorce. This issue has been addressed in a couple of ways. A Colorado court of appeals decision found that VA disability payments were not property and therefore could not be divided in this way. Another method is an 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 with this topic is the treatment of disability benefits for child maintenance and support. Both the USFSPA, as well as the Supreme Court, prohibit states from counting disability benefits as income. Certain states employ 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 disability payments to take account that they are tax-free.

It is also important that veterans are aware of how divorce can affect their disability benefits and how their spouses who divorced can garnish their compensation. By being aware of these issues, veterans can protect their earnings and avoid any unwanted consequences.