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 find out if a verdict from a jury will impact his VA benefits. It will not. However, it will affect the other sources of income he earns.

Can I get compensation in the event of an accident?

You may be eligible for a settlement in the event that you were a soldier but are now permanently disabled as a result of injuries or illnesses. This settlement can help compensate you for medical expenses, lost income and other expenses that resulted from your illness or Vimeo injury. The type of settlement you'll be able to receive depends on whether your medical condition is service-connected, or not connected, the VA benefits you qualify for, and the amount your accident or injury will cost to treat.

Jim, a 58 year old Vietnam veteran, 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 the VA Pension benefit that offers medical care and cash dependent on financial need. He wants to know if a personal injury settlement would affect his eligibility to receive this benefit.

The answer is contingent upon whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are payments made over a period of time rather than in a single payment and the amount paid by the defendant is calculated to offset any existing VA benefits. A lump sum settlement will affect any existing VA benefits because the VA will annualize and consider it as income. If Jim has extra assets after the settlement is annualized, he can reapply to be eligible for the pension benefit. However the assets he has to be less than a certain threshold that the VA has set to establish financial necessity.

Do I need to employ an attorney?

Many spouses, members of the military and former spouses have questions about VA disability benefits and their impact on money issues in divorce. There are many other reasons, but some people believe that the Department of toppenish veterans disability law firm Affairs' compensation payments are able to be divided like a military pension in a divorce or that they are "off limits" in the calculation of child support and Alimony. These misconceptions could lead grave financial errors.

It is possible to submit a claim for disability benefits by yourself, but most disabled veterans would require the help of a professional lawyer. A veteran's disability attorney will examine your medical records to gather the evidence required to make a strong argument before the VA. The lawyer can also file any appeals you may need in order to receive the benefits you deserve.

Moreover, most VA disability lawyers charge no fees for consultations. The government also pays the lawyer directly from the amount of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The fee agreement should clearly state the amount of retroactive benefits to be paid to your lawyer. A fee agreement could state that, for example, the government will provide the attorney with 20% of retroactive benefits. Any additional amounts will be your the responsibility of the attorney.

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 incurred during or aggravated during a veteran's military service. Like all income, the sullivan city veterans disability lawsuit disability benefits could be subject to garnishment.

Garnishment lets a court order that an employer or government agency deduct money from the pay of a person who owes an obligation and pay it directly to a creditor. In the event of a divorce, garnishment can be used to pay for spousal support or child support.

However, there are a few circumstances where a veteran's disability benefits may be refunded. The most common scenario involves the veteran who has waived their military retirement in order to claim disability compensation. In these instances, the amount of pension allocated to disability payments could be garnished to meet family support obligations.

In other instances, a veteran's benefits can be seized to pay medical expenses or past due federal student loans. In these instances, a court can go directly to the VA to obtain the information they require. A disabled veteran should employ an experienced attorney to protect their disability benefits. This will prevent them from having to rely on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a big aid to veterans and their families, however they come with their own set of challenges. For example, if a veteran gets divorced and receives an VA disability settlement, they must be aware of how this will affect their benefits.

A major issue in this regard is whether or not disability benefits are considered divisible assets in a divorce. The issue has been resolved in a couple 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. The other way is by a U.S. Supreme Court ruling in Howell that ruled that garnishing a veteran's VA disability benefits to pay for Vimeo an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this subject is how disability benefits are interpreted in the context of child maintenance and support. Both the USFSPA as well as the Supreme Court, prohibit states from claiming disability benefits as income. Certain states take different methods. Colorado, for example, takes all income sources together to determine the amount required to support a spouse. The state then adds disability benefits in order to take into account their tax-free status.

It is also important that veterans understand how divorce affects their disability compensation and how ex-spouses could slash their benefits. By being informed about these issues, vets can protect their income and avoid the unintended consequences.