What s The Current Job Market For Veterans Disability Litigation Professionals

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, 58 years old, is permanently disabled because of his service in the military. He receives a monthly Pension benefit from the Department of Veterans Affairs.

He wants to know if a jury verdict will affect his VA benefits. It will not. However, it will have an impact on the other sources of income he earns.

Do I have the right to receive 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 veterans disability lawyers disability settlement. This settlement can help compensate you for medical bills, lost income and other expenses resulting from your injury or sickness. The type of settlement you can receive will depend on whether your illness or injury is a result of a service connection, the VA benefits you qualify to receive, and the amount to treat your accident or injury.

For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities following two years of service in the Vietnam War. He doesn't have enough work quarters to be eligible for Social Security disability benefits but the VA Pension benefit that offers cash and free medical care in accordance with financial need. He wants to determine if a personal accident settlement could affect his ability to get this benefit.

The answer is contingent upon whether the settlement is a lump-sum or a structured one. Structured settlements are based on the payment of over time, rather than one single payment. The amount paid by the defendant is calculated to offset existing VA benefits. A lump sum payout will likely affect any existing benefits because the VA considers it as income and will increase it. In the event that there are any excess assets remain after the twelve month period when the settlement is annualized, Jim could apply again for the Pension benefit, but only if his assets are less than a minimum threshold that the VA agrees establishes financial need.

Do I need to hire an Attorney?

Many service members, spouses and former spouses are confused about VA disability compensation and its impact on financial issues in a divorce case. In addition, some people think that the Department of Veterans Affairs' compensation payments are able to be divided as a military pension in divorce or are "off limits" in calculation of child support and alimony. These misconceptions could lead to financial mistakes that have serious repercussions.

While it is possible to file an initial claim for disability benefits by yourself, the majority of disabled veterans benefit from the assistance of a skilled lawyer. An experienced 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 file any appeals that you might require to get the benefits you deserve.

Moreover, most VA disability lawyers don't charge fees for consultations. The government also pays the lawyer directly from the award of retroactive benefits. This is a benefit of the Equal Access to Justice Act. Your fee agreement should clearly specify the amount of retroactive benefits to be paid to your lawyer. For instance your fee agreement may stipulate that the government will pay the attorney up to 20% of the retroactive benefits or provide. Any additional amounts are your to pay.

Can I Garnish My VA Benefits?

The VA offers monthly payments to disabled veterans. The purpose of the payments is to alleviate some of the effects of disability, illness or injuries sustained or aggravated by a veteran's military service. Like other income sources, veterans disability benefits can be subject to garnishment.

Garnishment is a court-ordered procedure that an employer or a government agency withhold funds from the paycheck of an individual who owes the debt and pay it directly to a creditor. In the case of divorce, garnishment can be used to pay spousal support or child support.

There are a few situations where disability benefits are able to be garnished. The most common situation involves those who have renounced their military retirement to receive disability compensation. In these situations, the portion of the pension apportioned to disability pay may be garnished for family support obligations.

In other situations, a veteran's benefits can be garnished to pay for medical expenses or past-due federal student loans. In these instances, a court may be able to the VA to get the required information. It is vital for disabled veterans to hire a knowledgeable attorney to ensure that their disability benefits are not taken away. This will help them avoid being forced to rely on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a big assistance to veterans and their families, however they do come with their own set of complications. For example the case where a veteran is divorced and is awarded a VA disability settlement, they should know what effect this will have on their benefits.

A major issue in this regard is whether disability payments are considered to be divisible assets in a divorce. This issue has been addressed in a couple of ways. One way is by the Colorado court of appeals decision, which found that VA disability payments are not property and can't be divided as such. Another method is a U.S. Supreme Court ruling in Howell which held that garnishing a 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 subject is how disability benefits are treated to determine child maintenance and disability support. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. Certain states use a different approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse is entitled to and then adds the disability payments to take into account that they are tax-free.

In the end, it is crucial for veterans to know how their disability benefits will be affected when they get divorced and how their spouses' ex-spouses could be able to garnish their compensation. By being aware of these issues, vets can ensure their compensation as well as avoid the unintended consequences.