10 Wrong Answers To Common Veterans Disability Litigation Questions Do…
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How a Veterans Disability Settlement Can Affect a Divorce Case
Jim's 58-year-old client is permanently disabled from his time in the military. He receives a monthly pension benefit from the Department of Veterans Affairs.
He would like to know if a jury verdict will impact his VA benefits. It will not. But it will have some impact on his other sources of income.
Can I Receive Compensation for an accident?
You could be eligible for a settlement in the event that you were a soldier but are now permanently disabled because of injuries or illnesses. This settlement will allow you to get compensation for medical expenses, lost wages, and other expenses that result from your illness or injury. The type of settlement you'll be able to get depends on whether or not your health condition is non-service connected, which VA benefits you are eligible for, and how much your accident or injury will cost to treat.
Jim who is a 58-year old Vietnam veteran, was diagnosed as having permanent disabilities because of his two years of service. He does not have enough work space to be eligible for Social Security disability benefits but the VA Pension benefit that offers cash and free medical care dependent on financial need. He would like to understand how a personal injury lawsuit will affect his ability to get this benefit.
The answer is dependent on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements involve payments over time instead of a single payment. The amount paid by defendant is calculated to offset existing VA benefits. A lump sum settlement will affect any existing VA benefits as the VA will annually calculate and consider it income. In any case, if there are excess assets remain after the twelve month period after the settlement is annually recalculated, Jim could be eligible for a new pension benefit, but only if his assets are less than a minimum threshold that the VA determines to be a financial need.
Do I require an attorney?
Many spouses, members of the military and former spouses have concerns about VA disability benefits and their effect on financial issues during a divorce. In addition, some people think that the Department of Veterans Affairs' compensation payments can be divided like a pension from a military service in a divorce or that they are "off limits" in calculation of child support and alimony. These misconceptions can lead to financial errors which can have serious consequences.
While it is possible to file an initial claim for disability benefits on your own, many disabled veterans benefit from the assistance of a professional attorney. A skilled veteran's disability lawyer will examine your medical records and gather the necessary evidence needed to build a strong argument to the VA. The lawyer can also file any appeals you may require to get the benefits you deserve.
Additionally, the majority of VA disability lawyers don't charge fees for consultations. The government also pays the lawyer directly from your benefit of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly state the percentage of retroactive benefits to be paid to your lawyer. For example your fee agreement may specify that the government will pay the lawyer up to 20% of retroactive benefits or pay. You will be responsible for any additional sums.
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 funds are meant to compensate for the effects of illnesses, injuries or disabilities that have been sustained or worsened during the veteran's time of service. The benefits for veterans with disabilities are subject to garnishment, just like any other income.
Garnishment is a legal procedure which allows a court order an employer or government agency to withhold funds from the pay of someone who owes money and transfer them directly to an individual creditor. In the event of divorce, garnishment can be used for child or spousal maintenance.
However, there are certain circumstances where a veteran's disability benefits are able to be refunded. The most common scenario is that of a veteran who renounced his military retirement in order to receive disability compensation. In these cases, the amount of pension allocated to disability payments may be garnished for family support obligations.
In other circumstances the benefits of a veteran can be garnished to pay for medical expenses or past due federal student loans. In these situations the court can go directly to the VA to obtain the information they require. The disabled veteran should consult an experienced lawyer to protect their disability benefits. This can stop them from relying on payday lenders or private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements are a great help to veterans as well as their families. However they have their own set of complications. For instance when a veteran is divorced and receives an VA disability settlement, they need to know how this could affect the benefits they receive.
In this case the most important question is whether disability payments are considered to be assets that can be divided during a divorce. The issue has been resolved in a variety of ways. One option is a Colorado court of appeals decision that found that VA disability payments are not property and cannot be divided in that way. Another way is through the U.S. Supreme Court ruling in Howell that held that garnishing a veteran's VA disability payments to pay the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).
Another concern related to this topic is the treatment of disability benefits for child support and maintenance. Both the USFSPA as well as the Supreme Court, prohibit states from utilizing disability benefits as income. Some states have an alternative approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse is entitled to and then adds disability payments to take into account that they are tax free.
It is also essential that veterans disability attorney understand how divorce can affect their disability benefits and how ex-spouses can garnish their compensation. By being aware of these issues, vets can protect their compensation as well as avoid unintended consequences.
Jim's 58-year-old client is permanently disabled from his time in the military. He receives a monthly pension benefit from the Department of Veterans Affairs.
He would like to know if a jury verdict will impact his VA benefits. It will not. But it will have some impact on his other sources of income.
Can I Receive Compensation for an accident?
You could be eligible for a settlement in the event that you were a soldier but are now permanently disabled because of injuries or illnesses. This settlement will allow you to get compensation for medical expenses, lost wages, and other expenses that result from your illness or injury. The type of settlement you'll be able to get depends on whether or not your health condition is non-service connected, which VA benefits you are eligible for, and how much your accident or injury will cost to treat.
Jim who is a 58-year old Vietnam veteran, was diagnosed as having permanent disabilities because of his two years of service. He does not have enough work space to be eligible for Social Security disability benefits but the VA Pension benefit that offers cash and free medical care dependent on financial need. He would like to understand how a personal injury lawsuit will affect his ability to get this benefit.
The answer is dependent on whether the settlement is in the form of a lump sum or a structured settlement. Structured settlements involve payments over time instead of a single payment. The amount paid by defendant is calculated to offset existing VA benefits. A lump sum settlement will affect any existing VA benefits as the VA will annually calculate and consider it income. In any case, if there are excess assets remain after the twelve month period after the settlement is annually recalculated, Jim could be eligible for a new pension benefit, but only if his assets are less than a minimum threshold that the VA determines to be a financial need.
Do I require an attorney?
Many spouses, members of the military and former spouses have concerns about VA disability benefits and their effect on financial issues during a divorce. In addition, some people think that the Department of Veterans Affairs' compensation payments can be divided like a pension from a military service in a divorce or that they are "off limits" in calculation of child support and alimony. These misconceptions can lead to financial errors which can have serious consequences.
While it is possible to file an initial claim for disability benefits on your own, many disabled veterans benefit from the assistance of a professional attorney. A skilled veteran's disability lawyer will examine your medical records and gather the necessary evidence needed to build a strong argument to the VA. The lawyer can also file any appeals you may require to get the benefits you deserve.
Additionally, the majority of VA disability lawyers don't charge fees for consultations. The government also pays the lawyer directly from your benefit of retroactive benefits. This is an advantage of the Equal Access to Justice Act. The fee agreement should clearly state the percentage of retroactive benefits to be paid to your lawyer. For example your fee agreement may specify that the government will pay the lawyer up to 20% of retroactive benefits or pay. You will be responsible for any additional sums.
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 funds are meant to compensate for the effects of illnesses, injuries or disabilities that have been sustained or worsened during the veteran's time of service. The benefits for veterans with disabilities are subject to garnishment, just like any other income.
Garnishment is a legal procedure which allows a court order an employer or government agency to withhold funds from the pay of someone who owes money and transfer them directly to an individual creditor. In the event of divorce, garnishment can be used for child or spousal maintenance.
However, there are certain circumstances where a veteran's disability benefits are able to be refunded. The most common scenario is that of a veteran who renounced his military retirement in order to receive disability compensation. In these cases, the amount of pension allocated to disability payments may be garnished for family support obligations.
In other circumstances the benefits of a veteran can be garnished to pay for medical expenses or past due federal student loans. In these situations the court can go directly to the VA to obtain the information they require. The disabled veteran should consult an experienced lawyer to protect their disability benefits. This can stop them from relying on payday lenders or private loans.
Can I Represent Myself in a Divorce Case?
VA disability settlements are a great help to veterans as well as their families. However they have their own set of complications. For instance when a veteran is divorced and receives an VA disability settlement, they need to know how this could affect the benefits they receive.
In this case the most important question is whether disability payments are considered to be assets that can be divided during a divorce. The issue has been resolved in a variety of ways. One option is a Colorado court of appeals decision that found that VA disability payments are not property and cannot be divided in that way. Another way is through the U.S. Supreme Court ruling in Howell that held that garnishing a veteran's VA disability payments to pay the payment of alimony is in violation of the Uniformed Services Former Spouses Protection Act (USFSPA).
Another concern related to this topic is the treatment of disability benefits for child support and maintenance. Both the USFSPA as well as the Supreme Court, prohibit states from utilizing disability benefits as income. Some states have an alternative approach. For instance, Colorado adds up all sources of income to determine the amount in support a spouse is entitled to and then adds disability payments to take into account that they are tax free.
It is also essential that veterans disability attorney understand how divorce can affect their disability benefits and how ex-spouses can garnish their compensation. By being aware of these issues, vets can protect their compensation as well as avoid unintended consequences.
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