10 Times You ll Have To Be Aware Of Veterans Disability Litigation

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 Veterans Affairs.

He wants to know how the jury's verdict will affect his VA benefits. The answer is that it will not. It will, however, have an impact on his other income sources.

Can I get compensation for an accident?

You may be eligible to receive a settlement if you have served in the military, but are now permanently disabled because of injuries or illnesses. This settlement can help you get compensation for medical bills, lost wages and other expenses resulting from your injury or illness. The type of settlement that you will receive will depend on whether your injury or illness is a result of a service connection, the VA benefits you qualify for, as well as the cost to treat your injury or accident.

Jim who is a 58-year veteran of the Vietnam war, was diagnosed as having permanent disabilities as a result of his two years of service. He doesn't have enough work quarters to be eligible for Social Security disability benefits but he does have a VA Pension benefit which provides cash and medical treatment for free that is based on financial need. He would like to know if a personal injury settlement would affect his eligibility to get this benefit.

The answer will depend on whether the settlement is a lump sum or a structured one. Structured settlements are based on the payment of over time rather than one lump sum payment. The amount that defendant pays is calculated to offset the existing VA benefits. A lump sum settlement can affect any existing VA benefits since the VA will annually evaluate and consider it income. In any event, if extra assets are left after the twelve-month period when the settlement has been annualized Jim could reapply 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 questions about VA disability payments and their impact on financial issues in divorce. Some people believe, among other things, that Department of veterans disability law firms Affairs compensation payments can be split like the military retirement in divorce cases or that they're "off limits" in calculating child support and alimony. These misconceptions may lead to serious financial errors.

While it is possible to do an initial claim for disability benefits on your own, most disabled veterans require the help of a qualified attorney. A disability attorney for veterans can examine your medical records to gather the evidence required to argue your case in front of the VA. The lawyer can also help to file any appeals you may require to secure the benefits you are entitled to.

The majority of VA disability lawyers do not charge for consultations. Additionally, the lawyer will generally be paid by the government directly from your award of retroactive past-due benefits. This is one of the benefits of the Equal Access to Justice Act. Your fee agreement should clearly define the amount of retroactive benefits to be paid to your lawyer. A fee agreement could stipulate for instance that the government will give the attorney up to 20% of retroactive benefits. You will be accountable for any additional amounts.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA it is in the form of monthly payments. The purpose of the payments is to compensate for some of the effects of disability, illness or injuries sustained or aggravated during a veteran's military service. As with all income, benefits for veterans with disabilities are subject to garnishment.

Garnishment is a court-ordered procedure that an employer or 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, garnishment can be used to pay spousal support or child support.

However, there are a few situations in which a veteran's disability benefits may be repaid. The most common scenario involves the veteran who has waived their military retirement to get disability compensation. In these cases, the amount of pension apportioned to disability pay can be garnished for family support obligations.

In other instances 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 go straight to the VA to obtain the necessary information. The disabled veteran should consult an experienced attorney to safeguard their disability benefits. This can prevent them from relying on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous help to veterans as well as their families. However they also come with their own set of complications. For example the case where a veteran is divorced and is awarded an VA disability settlement, they must be aware of how this could affect the benefits they receive.

In this context the most important question is whether disability payments count as assets that could be divided in a divorce. This issue has been settled in a couple of ways. A Colorado court of appeals ruling determined that VA disability payments were not property and could not be divided this way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran's VA disability benefits for alimony was a violation of USFSPA.

Another concern with this issue is how disability benefits are interpreted to determine child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income for these purposes. Certain states employ different approaches. For instance, Colorado adds up all sources of income to determine how much in support a spouse needs and then adds up the disability payments to take into the fact that they are tax-free.

Finally, it is important for veterans to be aware of how their disability compensation will be affected when they get divorced and how their ex-spouses may affect their compensation. If they are aware of these issues, veterans disability law firms can ensure the security of their earnings and avoid any unwanted consequences.