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 wants to know if a jury award will impact his VA benefits. It will not. However, it could have an impact on the other sources of income he has.

Can I get compensation in the event of an accident?

If you've been in the military and are now permanently disabled because of injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement can allow you to get compensation for medical bills, lost wages, and other expenses that result from your illness or injury. The type of settlement you'll get depends on whether or not your medical condition is service-connected, or not connected, the VA benefits you qualify for, and how much your injury or accident will cost to treat.

Jim, a 58 year veteran of Vietnam was diagnosed with permanent disabilities because of his two years of service. He doesn't have enough work quarters to qualify for Social Security disability benefits but He does have a VA Pension benefit which provides cash and free medical assistance based on financial need. He wants to find out if a personal injury settlement could affect his ability to be eligible for this benefit.

The answer depends on if the settlement is a lump sum or a structured one. Structured settlements are payments made over a time frame rather than a single payment and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum settlement can impact any existing VA benefits since the VA will annually assess and count it to be income. If Jim has excess assets after the settlement is annualized and he wants to reapply, he will receive the Pension benefit. However the assets must be under a limit that the VA has set to establish financial necessity.

Do I require an attorney?

Many spouses, service members and former spouses have questions about VA disability payments and their effect on financial issues in divorce. Some people believe that the Department of Veterans Affairs' compensation payments are able to be divided like a pension from a military service in a divorce or that they are "off limits" in calculation of child support and Alimony. These misconceptions may lead to serious financial errors.

While it is possible to do an initial claim for disability benefits by yourself, the majority of disabled boonville veterans disability attorney can benefit from the assistance of a skilled attorney. A veteran's disability attorney will look over your medical records and gather the necessary evidence to argue your argument before the VA. The lawyer can also file any appeals you may require to receive the benefits you are entitled to.

Furthermore, the majority of VA disability lawyers don't 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 a benefit of the Equal Access to Justice Act. The fee agreement should clearly state the percentage of retroactive benefits that will be paid to your lawyer. For example your fee agreement may stipulate that the government will pay the lawyer up to 20% of retroactive benefits or award. You are responsible for any additional costs.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. These payments are designed to compensate for the effects of diseases, injuries or disabilities sustained or worsened during the 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 make an order to an employer or government agency to omit funds from the wages of a person who owes money and send them directly to an individual creditor. In the event of a divorce garnishment may be used to pay child or spousal support.

There are situations where the benefits of a veteran can be garnished. The most common scenario is a veteran who waived their military retirement in order to receive disability compensation. In these instances the amount of pension that is devoted to disability benefits can be garnished in order to fulfill the family support obligations.

In other circumstances it is possible for a veteran's benefits to be garnished to pay for medical expenses or past-due federal student loans. In these cases, a court can go directly to the VA to obtain the information they require. A disabled veteran should hire an experienced attorney to protect their disability benefits. This will allow them to avoid having to depend on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge help for berkeley Veterans disability Lawsuit and their families, but they do come with their own set-of complications. If a veteran divorces and receives an VA settlement and is eligible, they should be aware of the implications to their benefits.

In this regard the most important question is whether or not disability payments are considered assets which can be divided in divorce. This question has been resolved in a variety of ways. One is through an Colorado court of appeals decision, which found that VA disability payments are not property and therefore cannot be divided as such. Another option is a U.S. Supreme Court ruling in Howell which ruled that garnishing the veteran's VA disability payments to pay an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern related to this topic is how the disability benefits are treated to determine child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. Certain states take an alternative approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse is entitled to and then pluses up the disability payments to take the fact that they are tax-free.

It is also important for veterans to be aware of how their disability compensation will be affected when they get divorced and how their spouses who divorced them can take advantage of their benefits. By being knowledgeable about these issues, veterans can protect their income and avoid unintended consequences.