How a Veterans 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 know if a verdict of a juror will impact his VA benefits. It won't. However, it will affect the income sources of his other income sources.

Can I receive compensation in the event of an accident?

If you've been in the military and are now permanently disabled due to injuries or illnesses, you may be eligible for a veterans disability settlement. This settlement will allow you to receive compensation for your medical bills, lost wages, and other expenses related to your injury or illness. The type of settlement that you can receive will depend on whether or not your injury or illness is related to service, what VA benefits you are eligible for, as well as the cost to treat your accident or injury.

Jim is a 58 year veteran of the Vietnam war was diagnosed with permanent disabilities as a result of his two years of service. He isn't in a position to have enough work space to be eligible for Social Security Disability benefits, however, he is able to claim the VA Pension, which provides cash and medical treatment for free according to his financial need. He would like to know what the implications of a personal injury settlement can affect his ability to benefit from this benefit.

The answer is contingent upon whether the settlement is a lump-sum or a structured one. Structured settlements are those that are made over a long period of time rather than as a single payment, and the amount paid by the defendant is used to offset any existing VA benefits. A lump sum payment will impact any existing VA benefits since the VA will annually assess and count it to be income. If Jim has surplus assets after the settlement has been annualized and he wants to reapply, he will be eligible for the pension benefit. However his assets must be below a minimum threshold that the VA has set to establish financial necessity.

Do I really need to hire an attorney?

Many spouses, military personnel, and former spouses are confused about VA disability compensation and its impact on money issues in divorce cases. Some people believe, among other things that Department of Veterans Affairs compensation payments can be split like a military retirement in divorce cases, or that they're "off limits" in calculating child support and alimony. These misconceptions may lead to serious financial mistakes.

While it is possible to do an initial claim for disability benefits on your own, the majority of disabled veterans get the assistance of a professional attorney. A veteran's disability attorney can review your medical records to collect the evidence necessary to present a convincing case in front of the VA. The lawyer will also be able to file any appeals you may require to receive the benefits you're entitled to.

The majority of VA disability lawyers do not charge for consultations. The government also pays the lawyer directly from the amount of retroactive benefits. This is an advantage of the Equal Access to Justice Act. Your fee agreement should clearly specify the proportion of retroactive benefits to be paid to your lawyer. A fee agreement could stipulate for instance that the government would pay the attorney 20 percent of retroactive benefits. You will be accountable for any additional costs.

Can I Garnish My VA Benefits?

If a disabled veteran is granted compensation from the VA it is received in the form of monthly payments. The payments are meant to offset some of the effects of disabilities, diseases or injuries incurred during or aggravated due to a veteran's military service. The benefits for veterans' disability are subject to garnishment just like other incomes.

Garnishment allows a court order that an employer or government agency stop money from the wages of a person who is in the process of paying a debt and send it directly to a creditor. In the event of divorce, garnishment can be used for child or spousal maintenance.

There are situations where Avenal Veterans disability lawsuit' benefits could be repaid. The most frequent is the veteran who waived his retirement from the military in order to receive disability compensation. In these cases, the amount of pension that is attributed to disability benefits could be garnished to meet family support obligations.

In other cases it is possible for a veteran's benefits to be withdrawn to cover medical expenses or past-due federal student loans. In these situations the court might be able to directly to the VA to get the required information. A disabled veteran should hire an experienced attorney to secure their disability benefits. 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 benefit for veterans and their families, however they don't come without their own set of complications. For example when a veteran is divorced and is awarded a VA disability settlement, they must be aware of how this will affect the benefits they receive.

A major issue in this regard is whether disability payments count as divisible assets in a divorce. The question has been answered in two ways. One is through an Colorado court of appeals ruling that concluded that VA disability payments are not property and cannot be divided in that way. The U.S. Supreme Court ruled in Howell, that garnishing a veteran’s VA disability payments to pay the purpose of alimony was in violation of USFSPA.

Another issue that is related to this issue is the treatment of disability benefits to children for support and maintenance. The USFSPA and the Supreme Court both forbid states from counting disability payments as income for these purposes. Certain states employ different methods. Colorado, for example, adds all sources of income together to determine the amount needed to support a spouse and then adds disability income to reflect their tax-free status.

In the end, it is crucial for veterans to know how their disability compensation will be affected if they become divorced and how their spouses who divorced them can take advantage of their benefits. By being aware of these issues, oviedo veterans disability attorney can ensure the security of their earnings and avoid any unwanted consequences.