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

How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's client, a 58-year-old man is permanently disabled due to his military service. He gets a monthly pension from the Department of Veterans Affairs.

He wants to know how an award from a jury will impact his VA benefits. It won't. It will, however, affect his other sources of income.

Can I receive compensation in the event of an accident?

You may be eligible to receive a settlement if you have served in the military, but are now permanently disabled as a result of injuries or illnesses. This settlement will allow you to get compensation for medical bills, lost wages, and other expenses resulting from your illness or injury. The kind of settlement you can receive depends on whether your condition is service-connected or not connected, what VA benefits you qualify for, and the amount your injury or accident will cost to treat.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities from two years of service in the Vietnam War. Jim does not have enough space for work to qualify for Social Security Disability benefits, however, he does have a VA Pension that provides free medical care and cash depending on the financial needs of his. He wants to understand how a personal injury settlement will affect his ability to be eligible for this benefit.

The answer is contingent upon whether the settlement is a lump-sum or a structured one. Structured settlements require the payment of over time instead of one lump sum payment. The amount that defendant pays is calculated to offset the existing VA benefits. A lump sum settlement will affect any existing VA benefits as 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 has been annualized Jim could be eligible for a new 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 spouses, members of the military, and former spouses are concerned about VA disability benefits and their impact on money issues in divorce. Some people believe, for instance, that the Department of Veterans Affairs compensation payments can be split as an army retirement in a divorce case or that they're "off limits" when calculating child support and Alimony. These misconceptions can result in financial mistakes which can have serious consequences.

It is possible to file an application for disability benefits by yourself, but most disabled veterans would require the help of a professional lawyer. A qualified 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 will also be able to submit any appeals you require to obtain the benefits you are entitled to.

Furthermore, the majority of VA disability lawyers charge no fees for consultations. The government will also pay the lawyer directly from your payment of retroactive benefits. This is a benefit of the Equal Access to Justice Act. The proportion of retroactive past-due benefits that your lawyer will be paid should be clearly stated in your fee agreement. A fee agreement could state for instance that the government would pay the attorney up 20% of retroactive benefits. Any additional amounts are your the responsibility of the attorney.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA, it comes in the form of monthly payments. The purpose of the payments is to alleviate the effects of diseases, injuries or disabilities that were suffered or aggravated during the course of a veteran's time of service. The benefits for veterans disability Law firms (lamerpension.co.kr) with disabilities are subject to garnishment, like any other income.

Garnishment lets a court order that an employer or government agency deduct funds from the paycheck of a person who has a debt and send it directly to the creditor. In the event of divorce, garnishment may be used to pay child or spousal care.

However, there are a few situations in which a veteran's disability benefits can be repaid. The most common scenario involves the veteran who has waived their military retirement to get disability compensation. In these situations, the portion of pension that is devoted to disability benefits can be garnished to meet family support obligations.

In other situations it is possible for a veteran's benefits to be garnished to pay for medical expenses or past due federal student loans. In these situations the court could go directly to the VA to obtain the information they require. It is important for disabled veterans to find a competent attorney to ensure that their disability benefits are not being snatched away. This can help them avoid having to rely on payday loans and private loans. lenders.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a big aid to veterans and their families, however they don't come without their own set of issues. If a veteran is divorced and receives a VA settlement, he or she should know what this will do to the benefits they receive.

A major issue in this context is whether or not disability payments count as divisible assets in a divorce. This issue has been addressed in a couple of ways. A Colorado court of appeals ruling 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 an alimony payment is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

Another issue related to this issue is how disability benefits are interpreted to determine child support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability benefits as income for these purposes. Certain states employ different approaches. Colorado is one example. It adds all sources of income together to determine the amount required to provide for a spouse. Colorado then adds disability payments to reflect their tax-free status.

It is also important that veterans understand how divorce will affect their disability benefits and how their ex spouses can slash their income. By knowing about these issues, veterans can safeguard their earnings and avoid any unintended consequences.