7 Small Changes That Will Make The Biggest Difference In Your Veterans Disability Litigation

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim’s client, 58 years old, 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 know how the jury’s verdict will impact his VA benefits. It will not. However, it could have an impact on the other sources of income he has.

Can I get compensation in the event of an accident?

You could be eligible for a settlement if have served in the military, but are now permanently disabled because of injuries or illnesses. This settlement can allow you to get compensation for medical expenses, lost wages, and other expenses related to your illness or injury. The type of settlement you are eligible for will depend on whether your injury or illness is service-related, what VA benefits you are eligible to receive, and the amount to treat your injury or accident.

For example, Jim is a 58-year veteran who was diagnosed with permanent disabilities following two years of service in the Vietnam War. He does not have enough working space to be eligible for Social Security disability benefits but He does have a VA Pension benefit that offers cash and medical treatment for free dependent on financial need. He would like to determine if a personal accident settlement would affect his ability be eligible for this benefit.

The answer is dependent on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements are those that are made over a long 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 can impact any existing VA benefits since the VA will annualize and consider it to be income. In either case, if excess assets are left after the 12 month period when the settlement is annualized Jim could apply again for the Pension benefit but only if his assets are below a certain 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 confused about VA disability compensation and its impact on the financial aspects of a divorce case. Some people believe that the Department of Veterans Affairs’ compensation payments can be divided as a military pension in divorce or are “off limits” in calculation of child support and alimony. These misconceptions may lead to serious financial errors.

It is possible to file a claim for disability benefits yourself However, most disabled veterans will benefit from the assistance from a competent lawyer. A veteran’s disability attorney can examine your medical records to gather the evidence required to argue your argument before the VA. The lawyer can also file any appeals that you might require to receive the benefits you deserve.

Furthermore, the majority of VA disability lawyers charge no fees for consultations. In addition that the lawyer will normally be paid by the government directly from your award of retroactive past-due benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly define the amount of retroactive benefits to be paid to your lawyer. For example, a fee agreement can state that the government will pay the lawyer up to 20% of the retroactive benefits or award. The attorney is responsible for any additional sums.

Can I Garnish My VA Benefits?

The VA pays a monthly amount of compensation to disabled veterans. The payments are meant to help offset the effects of disability, illness or injuries incurred during or aggravated due to a veteran’s military service. Like all incomes, larksville veterans disability lawyer disability benefits could be subject to garnishment.

Garnishment is a legal action that allows a court to decide that an employer or a government agency to omit funds from the pay of someone who owes money, and then send them directly to an individual creditor. In the event of a divorce garnishment can be used to pay child or spousal maintenance.

There are situations where the benefits of a veteran could be repaid. The most common scenario involves veterans who have waived their military retirement in order to claim disability compensation. In these instances the amount of pension that is allocated to disability pay could be garnished to meet family support obligations.

In other situations, veteran’s benefit may be garnished in order to cover medical expenses or federal student loans that are past due. In these situations a judge can refer a case directly to the VA for the information they need. It is important for disabled temple veterans disability lawyer to find a competent lawyer to ensure that their disability benefits aren’t taken away. This will prevent them from being forced to rely on payday loans or private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge help to veterans and their families. However, they come with their own set complications. If a veteran divorces and receives a VA settlement and is eligible, they should be aware of what this might do to the benefits they receive.

In this context, the main question is whether disability payments count as assets that can be split in divorce. This question has been resolved in two ways. A Colorado court of appeals ruling determined that VA disability payments were not property and could not be divided this way. The other way is by the U.S. Supreme Court ruling in Howell that held that garnishing the veteran’s VA disability payments to pay for alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern with this topic is how the disability benefits are interpreted to determine child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income to be used for this purpose. However, certain states have taken the opposite approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse is entitled to and then adds disability payments to take into the fact that they are tax-free.

It is also essential that veterans understand how divorce can affect their disability compensation and how their spouses who divorced could slash their benefits. By being aware of these issues, vets can safeguard their benefits as well as avoid the unintended consequences.