How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58 year old man is permanently disabled because of his military service. He receives a monthly pension benefit from the Department of veterans disability attorney Affairs.

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

Can I get compensation in the event of an accident?

You could be eligible for a settlement if 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 type of settlement that you can receive will depend on whether or not your injury or illness is service-connected, what VA benefits you qualify for, and the cost to treat your accident or injury.

Jim, a 58-year veteran of the Vietnam war was diagnosed with permanent disabilities because of his two years of service. He doesn't have enough work space to be eligible for Social Security Disability benefits, veterans disability but he has an VA Pension that offers cash and medical care for free according to his financial need. He wants to know how a personal injury settlement could affect his eligibility to benefit from this benefit.

The answer is contingent upon whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements are the ones that are paid over a period of time rather than a single payment, and the amount paid by the defendant is used to offset any existing VA benefits. In contrast, a lump sum settlement will probably impact any benefits already in place because the VA considers it to be income and will annually calculate it. If Jim has assets that are not used up after the settlement is annually adjusted, he can reapply to be eligible for the pension benefit. However the assets must be under a limit that the VA has set that establishes financial necessity.

Do I require an Attorney?

Many service members, spouses and former spouses have concerns about VA disability payments and their effect on financial issues during a divorce. Some people believe, for instance, that the Department of Veterans Affairs compensation payments can be split as the military retirement in divorce cases, or that they're "off limits" when calculating child support and alimony. These misconceptions can lead to financial mistakes which can have serious consequences.

While it is possible to do an initial claim for disability benefits on your own, most disabled veterans require the assistance of an experienced lawyer. An experienced veteran's disability lawyer can review your medical documents and gather the required evidence to make a convincing argument to the VA. The lawyer can also help to file any appeals you may require to secure the benefits you're entitled to.

Additionally, the majority of VA disability lawyers don't charge fees for consultations. The government also pays the lawyer directly from your award of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should clearly define the amount of retroactive benefits that will be paid to your lawyer. For example your fee agreement may provide that the government can pay the lawyer up to 20% of the retroactive benefits or give. The attorney is responsible for any additional amounts.

Can I Garnish My VA Benefits?

When disabled veterans receive compensation from the VA it is received in the form of monthly payments. These payments are designed to alleviate the effects of illnesses, injuries or disabilities that were sustained or aggravated during a veteran's service. Like all incomes, veterans disability benefits can be subject to garnishment.

Garnishment lets a court order that an employer or government agency withhold funds from the paycheck of an individual who owes the debt and pay it directly to the creditor. In the event of a divorce, garnishment could be used to pay for spousal support or child support.

There are certain situations where a veteran's benefits can be repaid. Most common is the veteran who renounced his military retirement to receive disability compensation. In these instances, the portion of the pension allocated to disability payments could be garnished to meet family support obligations.

In other cases, a veteran's benefits could be garnished to cover medical expenses or federal student loans that are past due. In these cases a judge can refer a case directly to the VA to obtain the information they need. A disabled veteran should hire an experienced attorney to secure their disability benefits. This will allow them to avoid being forced to rely on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements are an excellent help to veterans as well as their families. However they do come with their own set complications. If a veteran gets divorced and receives a VA settlement it is important to be aware of the implications to their benefits.

In this case the most important question is whether or not disability payments are considered assets that could be divided in a divorce. This question has been resolved in a variety of ways. One option is the Colorado court of appeals decision that found that VA disability payments are not property and cannot be divided in this way. The U.S. Supreme Court ruled in Howell that garnishing a veteran’s VA disability payments to pay the purpose of alimony was in violation of USFSPA.

Another concern relating to this issue is the handling of disability benefits to children for maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income for these purposes. Some states have different methods. For instance, Colorado adds up all sources of income to determine the amount in support a spouse is entitled to and then pluses up the disability payments to take into the fact that they are tax-free.

It is also important for veterans to be aware of how their disability compensation will be affected if they become divorced and how their spouses who divorced them can take advantage of their benefits. By being informed about these issues, vets can protect their compensation as well as avoid unintended consequences.