How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58-year-old client is permanently disabled because of his service 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 impact his VA benefits. It won't. However, it could have an impact on his other sources of income.

Can I Get Compensation in the event of an accident?

If you've served in the military but are now permanently disabled because of injuries or illnesses, you may be eligible for a veterans disability settlement. This settlement will allow you to get compensation for medical bills, lost wages, and Veterans Disability Settlement other costs resulting from your injury or illness. The type of settlement that you could receive will depend on whether your illness or injury is service-related, Veterans Disability Settlement what VA benefits you qualify to receive, and the amount to treat your injury or accident.

Jim is a 58 year veteran of Vietnam was diagnosed with permanent disabilities because 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, which offers cash and free medical assistance dependent on financial need. He would like to know how a personal injury settlement will affect his eligibility to benefit from this benefit.

The answer will depend on whether the settlement is a lump sum or a structured one. Structured settlements are the ones that are paid over a period of time instead of in one payment, and the amount paid by the defendant is calculated to offset any existing VA benefits. In contrast, a lump sum settlement will probably alter any existing benefits as the VA considers it as income and will increase it. In the event that there are any excess assets are left after the twelve month period when the settlement has been annualized Jim could be eligible for a new pension benefit, but only if his assets fall below a certain threshold that the VA accepts as establishing financial need.

Do I need to hire an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and its effect on the financial aspects of divorce cases. Among other things, some people think that the Department of Veterans Affairs' compensation payments are able to be divided like a pension from a military service in a divorce or that they are "off limits" when it comes to calculation of child support and Alimony. These misconceptions can lead to financial mistakes that can have grave consequences.

While it is possible to make an initial claim for disability benefits on your own, most disabled veterans get the assistance of an experienced lawyer. A qualified veteran's disability lawyer can review your medical documents and gather the necessary evidence to support your case to the VA. The lawyer can also file any appeals you may require to get the benefits you deserve.

Furthermore, the majority of VA disability lawyers do not charge fees for consultations. In addition the lawyer will typically be paid by the government directly out of your retroactive past due benefits. This is an advantage of the Equal Access to Justice Act. The proportion of retroactive past-due benefits your lawyer will be paid should be clearly stated in your fee agreement. For instance your fee agreement may specify that the government will pay the lawyer up to 20% of the retroactive benefits or pay. Any additional amounts will be your responsibility.

Can I Garnish My VA Benefits?

The VA provides monthly compensation to disabled veterans disability law. These payments are designed to offset some of the effects of disability, illness or injuries sustained or aggravated by a veteran's military service. The benefits for veterans' disability are subject to garnishment just like other incomes.

Garnishment is a legal process which allows a court make an order to an employer or government agency to deduct funds from the pay of an employee who owes money and transfer them directly to an individual creditor. In the event of divorce, garnishment can be used to pay spousal maintenance or child support.

There are some situations where the benefits of a veteran could be repaid. The most frequent is the veteran who has waived his retirement from the military in order to receive disability compensation. In these situations the part of pension that is devoted to disability benefits can be garnished in order to fulfill the family support obligations.

In other situations, veteran's benefit may be garnished to pay medical expenses or federal student loans that are over due. In these situations the court can go directly to the VA for the information they require. A disabled veteran should employ an experienced attorney to secure their disability benefits. This will prevent them from having to rely on payday and private loan lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be an enormous assistance to veterans and their families, however they come with their own set of issues. If a person divorces and receives a VA settlement then they must be aware of what this might do to the benefits they receive.

A major issue in this context is whether or not disability payments are considered divisible assets in divorce. This question has been resolved in two ways. One method is an Colorado court of appeals decision, which found that VA disability payments are not property and can't be divided as such. Another way is through the U.S. Supreme Court ruling in Howell which held that garnishing the veteran's VA disability benefits to pay alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue that is related to this topic is the treatment of disability benefits for child maintenance and support. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income to be used for this purpose. Some states have an alternative approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse will need and then adds up the disability benefits to take into account that they are tax free.

It is also vital to know how divorce will affect their disability compensation and how their spouses who divorced could take advantage of their compensation. By being aware of these issues, veterans disability lawyers can safeguard their compensation and avoid unintended consequences.