How a Veterans Disability Settlement Can Affect a Divorce Case

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

He wants to know if a verdict of a juror will affect his VA benefits. It won't. But it will have some impact on his other sources of income.

Can I Get Compensation for an accident?

If you have served in the military and are now permanently disabled due to injuries or illnesses, you could be eligible for a veteran disability settlement. This settlement will help pay you for medical bills, lost income, and other expenses resulting from your injury or sickness. The kind of settlement you can get will depend on whether the condition is service-connected or not connected, the VA benefits you qualify for, as well as the amount your injury or accident will cost to treat.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities based on two years of service during the Vietnam War. Jim does not have enough work space to qualify for Social Security Disability benefits, however, he is able to claim a VA Pension that provides cash and medical care for free dependent on the amount of money he needs. He wants to learn how a personal injuries settlement could affect his eligibility to receive this benefit.

The answer is dependent on whether the settlement is in the form of one lump sum or a structured settlement. Structured settlements are payments made over a long period of time rather than a single payment and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payout is likely to affect any existing benefits because the VA considers it as income and will increase it. If Jim has extra assets after the settlement is annualized and he wants to reapply, he will be eligible for the pension benefit. However the assets must be less than a certain threshold that the VA has determined to be a financial necessity.

Do I need to hire an attorney?

Many spouses, service members, and former spouses have concerns about VA disability benefits and their impact on financial issues during a divorce. Some people believe, among other things, that Department of Veterans Affairs compensation payments are split like military retirements in divorce cases or that they're "off limits" when calculating child support and Alimony. These misconceptions could lead to serious financial errors.

While it is possible to file an initial claim for disability benefits on your own, the majority of disabled veterans can benefit from the help of a qualified attorney. A qualified veteran's disability lawyer will examine your medical documents and Veterans Disability gather the necessary evidence to present a strong case at the VA. The lawyer can also file any appeals you might need to get the benefits you are entitled to.

Most VA disability lawyers don't charge for consultations. The government also pays the lawyer directly from your benefit of retroactive benefits. This is one of the benefits of the Equal Access to Justice Act. The percentage of retroactive past-due benefits your lawyer will receive should be clearly outlined in your fee agreement. For instance an agreement on fees could state that the government will pay the attorney up to 20% of the retroactive benefits or provide. Any additional amounts are your obligation.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA it is in the form of monthly payments. The payments are meant to offset some of the effects of disability, illness or injuries sustained or aggravated by the veteran's military service. As with all income, veterans disability lawsuit disability benefits can be subject to garnishment.

Garnishment can be a legal proceeding which allows a court make an order to an employer or 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 case of a divorce, garnishment could be used to pay spousal support or child support.

There are certain situations where veterans' benefits could be garnished. The most frequent scenario involves those who have renounced their military retirement to get disability compensation. In these cases, the amount of pension apportioned to disability pay can be garnished to pay family support obligations.

In other situations it is possible for a veteran's benefits to be seized to pay medical expenses or past-due federal student loans. In these situations a court may be able to direct the case to the VA to get the required information. The disabled veteran should consult an experienced attorney to secure their disability benefits. This can help them avoid having to rely on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous aid to veterans and their families, but they're not without their own set of challenges. If a veteran gets divorced and receives a VA settlement it is important to be aware of the impact this could have to their benefits.

One of the major issues in this regard is whether or not disability payments are considered divisible assets in a divorce. This issue has been settled in a variety of ways. A Colorado court of appeals ruling found that VA disability payments were not property and could not be divided in 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 issue related to this issue is how disability benefits are treated for purposes of child maintenance and support. Both the USFSPA as well as the Supreme Court, prohibit states from counting disability benefits as income. However, certain states have taken an alternative approach. For instance, Colorado adds up all sources of income to determine how much in support a spouse will need and then adds the disability benefits to take into account that they are tax free.

Finally, Veterans Disability it is important that veterans understand how their disability benefits will be affected if they get divorced and how their spouses' ex-spouses could affect their compensation. By being aware of these issues, vets can protect their compensation and avoid unintended consequences.