How a veterans disability, visit the website, Settlement Can Affect a Divorce Case

Jim's client, a 58 year old man is permanently disabled due to his military service. 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. It won't. However, it could have an impact on the other sources of income he has.

Can I claim compensation in the event of an accident?

If you've served in the military and are permanently disabled as a result of injuries or illnesses, you may be eligible for a veterans disability law firms disability settlement. This settlement will pay you for medical bills, lost income, and other expenses that resulted from your illness or injury. The kind of settlement you'll get depends on whether or not your health condition is non-service connected, which VA benefits you are eligible for, and how much your injury or accident will cost to treat.

Jim, a 58 year old Vietnam veteran, was diagnosed as having permanent disabilities due to his two years of service. Jim does not have enough work space to be eligible for Social Security Disability benefits, Veterans Disability however, he can claim an VA Pension that offers free medical treatment and cash based on his financial need. He wants to know if a personal injury settlement could affect his ability to get this benefit.

The answer is dependent on whether the settlement is a lump sum or a structured one. Structured settlements are settlements 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. A lump sum payment can affect any existing VA benefits since the VA will annually calculate and consider it as income. In any case, if there are excess assets are left over after the 12 month period after the settlement is annually recalculated, Jim could be eligible for a new pension benefit, but only if his assets are lower than a threshold with which the VA is able to agree establishes financial need.

Do I Need to Hire an attorney?

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

It is possible to file a claim for disability benefits by yourself however, the majority of disabled veterans disability lawyers will benefit from the assistance of a qualified lawyer. A skilled veteran's disability lawyer can review your medical records and gather all the necessary evidence to present a strong case at the VA. The lawyer can also help to file any appeals that you require to secure the benefits you are entitled to.

Moreover, most VA disability lawyers don't charge fees for consultations. The government will also pay the lawyer directly from your amount of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The percentage of retroactive past-due benefits your lawyer will receive should be outlined in your fee agreement. A fee agreement could say, for example, that the government would give the attorney up to 20 percent of retroactive benefits. Any additional amounts will be your the responsibility of the attorney.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA it is in the form of monthly payments. The purpose of the payments is to alleviate the effects of injuries, diseases or disabilities that have been sustained or worsened during the veteran's time of service. Like other income sources, veterans disability benefits can be subject to garnishment.

Garnishment permits a court order that an employer or government agency deduct funds from the paycheck of a person who is in the process of paying the debt and pay it directly to the creditor. In the event of a divorce, garnishment can be used to pay spousal maintenance or child support.

However, there are some situations in which a veteran's disability benefits could be garnished. Most often, it is the case of a veteran who renounced his military retirement in order to receive disability compensation. In these situations, the portion of the pension that is attributed to disability benefits can be garnished to pay family support obligations.

In other instances it is possible for a veteran's benefits to be seized to pay medical expenses or past due federal student loans. In these cases the court might be able to directly to the VA to obtain the necessary information. A disabled veteran should employ an experienced attorney to safeguard their disability benefits. This will stop them from relying on payday lenders or private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a big help for veterans and their families, however they come with their own set of issues. For instance the case where a veteran is divorced and is awarded a VA disability settlement, they should be aware of how this could affect their benefits.

In this context, a major question is whether or not disability payments are considered assets that could be divided during a divorce. This question has been answered in two ways. A Colorado court of appeals decision found that VA disability payments were not property and could not be divided this way. Another option is an U.S. Supreme Court ruling in Howell that ruled that garnishing a veteran's VA disability benefits to pay alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another concern relating to this subject is the treatment 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. However, certain states have taken different approaches. For instance, Colorado adds up all sources of income to determine the amount in support a spouse requires and then adds the disability payments to take the fact that they are tax-free.

Finally, it is important for veterans to know how their disability compensation will be affected if they become divorced and how their ex-spouses may take advantage of their benefits. By being aware of these issues, veterans can safeguard their benefits and avoid unintended consequences.