Veterans Disability Litigation: 10 Things I'd Like To Have Learned Earlier

How a Veterans Disability Settlement Can Affect a Divorce Case

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

He wants to know if the verdict of a jury will affect his VA benefits. The answer is not. But it will have an impact on his other sources of income.

Can I receive compensation for an accident?

If you've served in the military and are now permanently disabled due to injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement can assist in compensating you for medical bills, lost income and other expenses that resulted from your injury or sickness. The kind of settlement you are eligible for will depend on whether or not your illness or injury is related to service, what VA benefits you are eligible for, as well as the cost to treat your accident or injury.

For instance, Jim is a 58-year veteran who was diagnosed with permanent disabilities based on two years of service during the Vietnam War. He does not have enough work space to be eligible for Social Security Disability benefits, however, he does have a VA Pension that provides cash and medical treatment for free based on his financial need. He would like to understand what the implications of a personal injury settlement can affect his ability to receive this benefit.

The answer is dependent on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements require the payment of over time, rather than one payment. The amount paid by the defendant is calculated to offset the existing VA benefits. A lump sum payment can impact any existing VA benefits as the VA will annualize and consider it to be income. If Jim has extra assets after the settlement has been annualized, he can reapply to be eligible for the pension benefit. However his assets must be below a threshold the VA has set that establishes financial necessity.

Do I require an attorney?

Many spouses, service members and former spouses are confused about VA disability compensation and its effect on money issues in a divorce case. Some people believe, among other things, that Department of myrtle beach veterans disability lawyer Affairs compensation payments can be divided like military retirements in a divorce case or that they're "off limits" when 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, most disabled veterans can benefit from the assistance of an experienced lawyer. A veteran's disability lawyer can review your medical records to gather the evidence needed to prove your case to the VA. The lawyer will also be able to file any appeals you may require to obtain the benefits you're entitled to.

Furthermore, the majority of VA disability lawyers do not charge fees for consultations. The government will also pay the lawyer directly from your award of retroactive benefits. This is an advantage of the Equal Access to Justice Act. Your fee agreement should clearly specify the proportion 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 retroactive benefits or give. Any additional amounts will be your responsibility.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA it is received in the form of monthly payments. The funds are intended to offset some of the effects of disabilities, diseases or injuries sustained or aggravated during a veteran's military service. The dayton veterans disability attorney disability benefits are subject to garnishment, like any other income.

Garnishment is a legal action that permits a court to decide that an employer or a government agency to withhold funds from the paycheck of a person who is in debt and to send them directly to the creditor. In the event of a divorce garnishment may be used to pay child or spousal maintenance.

However, there are some circumstances where a veteran's disability benefits may be refunded. The most common scenario is that of a veteran who renounced his retirement from the military in order to receive disability compensation. In these scenarios the part of pension that is devoted to disability payments can be garnished to fulfill the family support obligations.

In other circumstances veterans' benefits could be seized to pay medical expenses or past-due federal student loans. In these cases the court may be able to the VA to obtain the necessary information. A disabled veteran should employ an experienced attorney to protect their disability benefits. This can help them avoid having to rely on private loans and payday lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge aid to washington veterans disability lawsuit and their families. However they also come with specific complications. If a veteran is divorced and receives a VA settlement, he or she should know what this will do to the benefits they receive.

A major issue in this regard is whether disability payments count as divisible assets in divorce. This issue has been settled in a couple of ways. A Colorado court of appeals decision determined that VA disability payments were not property and therefore could not be divided in this way. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability payments for alimony was a violation of USFSPA.

Another concern with this subject is how disability benefits are interpreted in the context of 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. However, certain states have chosen to take different approaches. For instance, Colorado adds up all sources of income to determine the amount in support a spouse will need and then pluses up the disability payments to take account that they are tax free.

It is also vital that veterans understand the impact divorce has on their disability compensation and how their ex spouses can slash their income. By being aware of these issues, vets can ensure their compensation as well as avoid the unintended consequences.