"Ask Me Anything": Ten Responses To Your Questions About Veterans Disability Litigation

How a veterans disability lawyer Disability Settlement Can Affect a Divorce Case

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

He would like to be aware of whether a verdict by a jury will affect his VA benefits. The answer is that it will not. However, it will have an impact on the income sources of his other income sources.

Can I claim compensation for an accident?

If you have served in the military and are permanently disabled as a result of injuries or illnesses, you could be eligible for a veterans disability case disability Settlement (https://99.vaterlines.com). This settlement could help you receive compensation for your medical bills, lost wages and other costs resulting from your injury or illness. The type of settlement that you can receive will depend on whether your injury or Veterans Disability Settlement illness is related to service, what VA benefits you are eligible for, as well as the cost to treat your injury or accident.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities following two years of service during the Vietnam War. He does not have enough work space to qualify for Social Security disability benefits but there is a VA Pension benefit that provides cash and free medical care that is based on financial need. He would like to know if a personal injury settlement could affect his ability to receive this benefit.

The answer depends on if the settlement is a lump sum or a structured one. Structured settlements are the ones that are paid over a time frame rather than in a single payment and the amount received by the defendant is used to offset any existing VA benefits. A lump sum payment can impact any existing VA benefits since the VA will annually calculate and consider it income. If Jim has assets that are not used up after the settlement is annualized the applicant can apply again to be eligible for the pension benefit. However the assets must be below a minimum threshold that the VA has set that establishes financial necessity.

Do I need to employ an attorney?

Many spouses, service members and former spouses are concerned about VA disability benefits and their effect on financial issues during divorce. There are many other reasons, but some people believe that the Department of veterans disability compensation Affairs' compensation payments can be split like a military pension divorce or are "off limits" when it comes to calculation of child support and Alimony. These misconceptions could lead to serious financial mistakes.

While it is possible to file an initial claim for disability benefits on your own, the majority of disabled veterans require the assistance of a professional attorney. A veteran's disability attorney can examine your medical records in order to gather the necessary evidence to make a strong argument before the VA. The lawyer can also file any appeals that you may need in order to receive the benefits you deserve.

Most VA disability lawyers do not charge for consultations. The government will also pay the lawyer directly from your amount of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The percentage of retroactive past-due benefits your lawyer will be paid must be specified in your fee agreement. A fee agreement could say, for example, that the government would give the attorney up to 20% of retroactive benefits. You will be accountable for any additional sums.

Can I Garnish My VA Benefits?

The VA pays monthly compensation to disabled veterans. These payments are designed to compensate for some of the consequences of illnesses, disabilities or injuries sustained or aggravated by the veteran's military service. Like other income sources, veterans disability benefits are subject to garnishment.

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

However, there are certain circumstances where a veteran's disability benefits are able to be refunded. Most common is the veteran who has waived his retirement from the military in order to receive disability compensation. In these situations, the portion of pension that is devoted to disability benefits can be garnished in order to fulfill the family support obligations.

In other instances, a veteran's benefit may be garnished in order to pay medical bills or federal student loans that are over due. In these cases the court can go directly to the VA for the information they need. It is crucial for disabled veterans disability claim to retain a knowledgeable attorney to ensure that their disability benefits are not being snatched away. This can stop them from relying on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge help for veterans disability lawsuit and their families, but they do come with their own set of challenges. For instance when a veteran is divorced and receives a VA disability settlement, they should be aware of how this could affect their benefits.

In this case one of the major issues is whether or not disability payments count as assets which can be divided during a divorce. This question has been resolved in two ways. One is through a Colorado court of appeals decision, which found that VA disability payments are not property and therefore cannot 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 concern with this subject is how disability benefits are interpreted for purposes of child maintenance and support. The USFSPA and the Supreme Court both forbid states from claiming disability benefits as income for these purposes. Some states have different methods. Colorado for instance adds all sources of income together to determine the amount needed to provide for a spouse. Colorado then adds disability income in order to account for their tax-free status.

Additionally, it is essential for veterans to know how their disability compensation will be affected if they are divorced and how their spouses' ex-spouses could affect their compensation. By being aware of these questions, veterans can guard their earnings and avoid any unwanted consequences.