"Ask Me Anything " 10 Responses To Your Questions About Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58-year-old client is permanently disabled as a result of his military service. He receives a monthly Pension benefit from the Department of veterans disability attorney (click home page) Affairs.

He wants to know how a jury award will affect his VA benefits. It will not. But it will have some impact on his other sources of income.

Do I have the right to receive compensation in the event of an accident?

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

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities after two years of service in the Vietnam War. He does not have enough working space to qualify for Social Security disability benefits but he does have a VA Pension benefit that provides medical care and cash based on financial need. He would like to know how a personal injury lawsuit will affect his eligibility to receive this benefit.

The answer will depend on whether the settlement is a lump sum or a structured one. Structured settlements are settlements that are paid over a time period instead of in one 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 annually evaluate and consider it income. In any event, if extra assets are left over after the twelve-month period when the settlement is annualized Jim could apply again for the Pension benefit but only if his assets fall less than a minimum threshold that the VA is able to agree establishes financial need.

Do I Need to Hire an Attorney?

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

While it is possible to submit an initial claim for disability benefits on your own, many disabled veterans disability claim benefit from the help of a qualified lawyer. A veteran's disability attorney can examine your medical records to gather the necessary evidence to present a convincing case in front of the VA. The lawyer can also file any appeals that you may need in order to get the benefits you deserve.

The majority of VA disability lawyers don't charge for consultations. In addition, the lawyer will generally be paid by the government directly out of the retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly specify the percentage of retroactive benefits to be paid to your lawyer. For instance your fee agreement may stipulate that the government will pay the lawyer up to 20% of the retroactive benefits or pay. Any additional amounts are your to pay.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA the compensation is paid in the form of monthly payments. The payments are intended to alleviate the effects of illnesses, injuries or disabilities that were suffered or worsened during the veteran's time of service. The benefits for veterans' disability are subject to garnishment like any other income.

Garnishment is a court-ordered procedure that an employer or government agency stop funds from the paycheck of an individual who owes a debt and send it directly to a creditor. In the event of divorce, garnishment may be used to pay child or spousal care.

However, there are some situations in which a veteran's disability benefits can be garnished. The most frequent is the veteran who has renounced his military retirement in order to receive disability compensation. In these cases, the amount of pension allocated to disability payments can be garnished to pay family support obligations.

In other instances, a veteran's benefits could be garnished to pay medical expenses or federal student loans that are over due. In these cases, a court may be able to direct the case to the VA to obtain the necessary information. The disabled veteran should consult an experienced attorney to safeguard their disability benefits. This will prevent them from relying on payday lenders and veterans disability attorney private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements are a tremendous help to veterans disability law and 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 what effect this will have on the benefits they receive.

One of the major issues in this regard is whether or not the disability payments are considered to be divisible assets in a divorce. The question has been answered in two ways. One method is the Colorado court of appeals decision, which found that VA disability payments are not property and can't be divided in that way. Another option is a U.S. Supreme Court ruling in Howell that held that garnishing the veteran's VA disability payments to pay for the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related 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 payments as income for these purposes. Certain states use different methods. For instance, Colorado adds up all sources of income to determine how much in support a spouse will need and then adds disability payments to take account that they are tax free.

It is also vital that veterans are aware of how divorce affects their disability compensation and how ex-spouses could take advantage of their compensation. If they are aware of these issues, veterans can safeguard their income and avoid unintended consequences.