The 10 Worst Veterans Disability Litigation FAILS Of All Time Could Have Been Prevented

How a veterans disability lawsuits Disability Settlement Can Affect a Divorce Case

Jim's client, a 58-year-old man, is permanently disabled because of his military service. He receives a monthly Pension benefit from the Department of Veterans Affairs.

He would like to find out if a verdict from a jury will impact his VA benefits. The answer is that it will not. But it will have an impact on the other sources of income he has.

Can I claim compensation for an accident?

You may be eligible to receive a settlement if you were a soldier but are now permanently disabled as a result of injuries or illnesses. This settlement can help compensate you for medical bills, lost income, and other expenses that resulted from your injury or sickness. The type of settlement you will receive will depend on whether or not your injury or illness is related to service, what VA benefits you qualify for, as well as the cost to treat your injury or accident.

For example, Jim is a 58-year old veteran who was diagnosed with permanent disabilities following two years of service in the Vietnam War. He doesn't have enough work quarters to qualify for Social Security disability benefits but He does have a VA Pension benefit that offers cash and medical treatment for free in accordance with financial need. He would like to know if a personal injury settlement would affect his ability receive this benefit.

The answer is contingent upon whether the settlement is a lump-sum or a structured one. Structured settlements are settlements that are paid over a long period of time rather than a single payment and the amount received by the defendant is used to offset any existing VA benefits. A lump sum settlement can impact any existing VA benefits as the VA will annually calculate and consider it to be income. In any case, if there are excess assets remain 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 lower than a threshold with which the VA agrees establishes financial need.

Do I require an Attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and its effect on the financial aspects of a divorce case. Among other things, some people believe that the Department of Veterans Affairs' compensation payments can be split as a military pension in a divorce or that they are "off limits" when it comes to calculation of child support and alimony. These misconceptions could lead serious financial errors.

While it is possible to file an initial claim for disability benefits by yourself, the majority of disabled veterans require the assistance of an experienced attorney. A veteran's disability attorney can look over your medical records and collect the evidence necessary to make a strong argument before the VA. The lawyer will also be able to file any appeals you may need to get the benefits you deserve.

Most VA disability lawyers do not charge for consultations. Additionally, 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 that will be paid to your lawyer. For example the fee agreement could provide that the government can pay the attorney up to 20% of retroactive benefits or award. Any additional amounts are your the responsibility of the attorney.

Can I Garnish My VA Benefits?

If a disabled veteran receives compensation from the VA the compensation is paid in the form of monthly payments. The purpose of the payments is to compensate for the effects of illnesses, injuries or disabilities that were sustained or aggravated by a veteran's service. Like all income, the veterans disability benefits can be subject to garnishment.

Garnishment is a legal action that allows a court to order an employer or government agency to take money from the paycheck of a person who owes money and send them directly to the creditor. In the event of divorce, garnishment can be used to pay child or spousal care.

There are certain situations where the benefits of a veteran can be repaid. The most common scenario is a veteran who waived their military retirement to receive disability compensation. In these scenarios the pension portion that is devoted to disability benefits can be garnished in order to fulfill the family support obligations.

In other cases veterans' benefits could be seized to pay medical expenses or past due federal student loans. In these instances, a court can go directly to the VA for the information they require. It is vital for a disabled veteran to work with a reputable attorney to ensure that their disability benefits are not being snatched away. This can stop them from relying on payday lenders and private loans.

Can I Represent Myself in a Divorce Case?

VA disability settlements can be a huge help for veterans and their families, however they do come with their own set-of complications. If a veteran divorces and receives an VA settlement then they must be aware of what this might do to the benefits they receive.

In this regard the most important question is whether disability payments are considered assets that could be divided in a divorce. This question has been addressed in two ways. One way is by a 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 that ruled that garnishing a 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 concern that is related to this topic is how the disability benefits are interpreted in the context of child maintenance and support. Both the USFSPA as well as the Supreme Court, prohibit states from claiming disability benefits as income. However, certain states have adopted an alternative approach. Colorado for instance, adds all sources of income together to determine the amount required to provide for a spouse. Colorado then adds disability income to account for their tax-free status.

It is also important to know how divorce will affect their disability benefits and how their ex spouses could take advantage of their compensation. If they are aware of these issues, veterans can protect their income and avoid unwanted consequences.