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How a Veterans Disability Settlement Can Affect a Divorce Case

Jim's 58 year old client 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 jury verdict will affect his VA benefits. The answer is not. It will, however, have an impact on his other income sources.

Can I Receive Compensation in the event of an accident?

If you've served in the military, and are permanently disabled due to injuries or illnesses, you may be eligible for a veteran disability settlement. This settlement can assist in compensating you for medical bills, lost income and other costs that resulted from your injury or sickness. The type of settlement you'll get will depend on whether the health condition is non-service connected, what VA benefits you are eligible for, and the amount your injury or accident will cost to treat.

For instance, Jim is a 58-year old veteran who was diagnosed with permanent disabilities based on two years of service during the Vietnam War. He does not have enough work space to qualify for Social Security disability benefits but the VA Pension benefit that offers cash and medical treatment for free based on financial need. He would like to understand how a personal injury settlement could affect his eligibility to receive this benefit.

The answer will depend on whether the settlement is in the form of an unintentional lump sum or a structured settlement. Structured settlements are settlements that are paid over a time period rather than in a single payment and the amount received by the defendant is used to offset any existing VA benefits. A lump sum settlement will probably affect existing benefits since the VA considers it to be income and will annually calculate it. In any case, if there are excess assets remain after the 12 month period when the settlement has been annualized Jim could apply again for the Pension benefit but only if his assets are less than a minimum threshold that the VA is able to agree establishes financial need.

Do I need to employ an attorney?

Many spouses, service members, and former spouses have questions about VA disability benefits and their effect on financial issues in divorce. Some people believe, among other things that the Department of Veterans Affairs compensation payments can be divided like an army retirement in divorce cases, or that they're "off limits" in calculating child support and Alimony. These misconceptions can lead to financial mistakes that can have grave consequences.

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

Most VA disability lawyers don't charge for consultations. The government will also pay the lawyer directly from the award of retroactive benefits. This is an advantage of the Equal Access to Justice Act. Your fee agreement should specify clearly the proportion of retroactive benefits that will be paid to your lawyer. For instance your fee agreement may specify that the government will pay the attorney up to 20% of retroactive benefits or pay. The attorney is responsible for any additional amounts.

Can I Garnish My VA Benefits?

When a disabled veteran receives compensation from the VA, it comes in the form of monthly payments. The funds are intended to compensate for some of the consequences of illnesses, disabilities or injuries that are sustained or aggravated due to a veteran's military service. As with all income, veterans disability lawyer disability (simply click the up coming article) benefits can be subject to garnishment.

Garnishment is a legal action which allows a court order an employer or government agency to withhold funds from the pay of an employee who is in debt and to send them directly to an individual creditor. In the case of divorce, garnishment can be used to pay spousal maintenance or child support.

There are situations where the benefits of a veteran can be garnished. The most common situation involves those who have renounced their military retirement to receive disability compensation. In these instances the part of pension that is allocated to disability pay can also be garnished to cover the obligations of family support.

In other situations, veteran's benefits could be garnished in order to cover medical expenses or federal student loans that are past due. In these cases the court can go directly to the VA for the information they require. A disabled veteran should seek out an experienced attorney to secure their disability benefits. 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 are a great assistance to veterans disability lawsuits and their families. However they also come with specific complications. For instance the case where a veteran is divorced and is awarded an VA disability settlement, they should know what effect this will have on their benefits.

A major issue in this context is whether disability payments are considered to be divisible assets in 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 in this manner. Another method is a U.S. Supreme Court ruling in Howell which ruled that garnishing a veteran's VA disability benefits to pay for alimony is a violation of the Uniformed Services Former Spouses Protection Act (USFSPA).

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

In the end, it is crucial for veterans to understand how their disability compensation will be affected if they become divorced and how their ex-spouses may affect their compensation. By being aware of these issues, veterans can ensure the security of their benefits and avoid unintended consequences.