I am writing in regards to a failure within our Executive and Judicial Branches directly involving the care of our veterans and their children. The last time this failure occurred the Veterans Administration was eliminated. As the largest response by the US Congress led by the President and the founding reason the USDVA was created I am sure you are familiar with this subject. The subject is VA Compensation or any payments under Title 38 being and making sure these funds get to and stay in the hands of our veterans and their families. A simple well worded policy provided by both the ACF and the USDVA to all states would have put an end to this problem. Their failures and the Judicial discrimination against our veterans and their families requires I call you to action.
This is the history on this issue. In 1987 the Supreme Court of the United States ruled on the case Rose v. Rose. The veteran argued it was the VA's job to make sure his veterans benefits were only managed by the VA and they were responsible for ensuring they were sent directly to him and his children. The failure to perform apportionments by the previous Veterans Administration was identified. The court ruled the existing language of 38 USC § 211 did not provide sole authority
They ruled, it only said IF he made a decision they could not conflict. They said it only inlcuded conflicts by federal courts of the US and did not include state courts. They ruled it only specifically protected decisions in regards to if they were eligible to receive funds and not the delivery of those funds.
"The decisions of the Administrator on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans and their dependents or survivors shall be final and conclusive and no other official or any court of the United States shall have power or jurisdiction to review any such decision by an action in the nature of mandamus or otherwise.."
This failure brought disgrace to Congress and to the President. Congress had just declared federal authority over the establishment and enforcement of child support through the enactment of the Child Support Enforcement Act and creation of the ACF. State anger over the loss of rights in family law responded by declaring authority over the families of veterans. They now perform vicious acts against veterans in retaliation. They disguise these acts by saying they are doing what is best for their children. When in reality the children do not receive these funds. They are used to pay state fees and those of lawyers.
From the disgrace and failures of the Veterans Administration for not performing apportionments, Congress responded with extreme magnitude in comparison to previous cases. After Hisquierdo v. Hisquierdo and McCarty v. McCarty only a brief addition to the USC was needed. Congress responded by firing the VA, tearing up Tilte 38 and created the second largest federal department to ensure this failure did not occure again.
For veterans and their families, Congress responded with the Department of Veteran Affairs Act of 1988 and a complete rewrite of title 38. Congress addressed the issue of exclusive and sole authority over payments. The language of the new § 511 is inclusive of all courts not just federal. It precludes the states from making any decisions which affect these benefits not just the eligibility process. It obligates the USDVA to assert this authority and perform their duties. It obligates the USDVA to act when this authority is disregarded or challenged.
“The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise.”
The US Congress also responded to the dissenting opinion of Justice O’Conner which the rest of the Supreme Court “distained”. In her opinion of the previously § 3101, the law should not have been written so iron clad to provide the level of protection determined. The response of Congress was to not make one change to the wording when renumbered to § 5301. This wording has gone unchanged for over 20 years. In not so subtle words Congress voiced their distain for the opinion as well.
Today this problem has returned. State courts are again ignoring the federal authority and abusing Title 38 payments in the calculation of support awards. They invalidate lawful processes and preventing funds from getting to our children. Veterans are being sent to jail for refusing to violate the federal law to satisfy a state judge order to steal the food from their childrens mouths.
If a veteran attempts to fight these violations of their rights, they are told they are not a protected class and therefore they are not being discriminated against. The equal protections of veteran benefits under the law provided to our soldiers are violated as a routine function in the courts. A judge must rule in conflict when an occasion calls for it, but this is done in almost every case and based solely on their disrespect for soldiers. They have unilaterally repealed these laws by refusing to acknoledge their existance.
Since the Bill of Rights was written in part to protect civilians from soldiers and legally separate them, they are by definition the first and foremost protected class. I am calling for legislation to declare all soldiers past and presently serving to be the Highest Protected Class. I am calling for legislations to declare any act which has violated the federal laws 38 USC 511, 38 USC 5301 or the repeal of 42 USC 662 an act of discrimination against this minority. I am calling for legislation that states any future acts to be considered a deliberate act of a hate crime and punishable under federal and state criminal codes. These laws must provide a federal and state right of action.
Protect Veteran Benefits
Today, the veteran benefits sent to a disabled Army veteran, her 11 year old daughter and 4 month old son, are being taken away and given to an ex-spouse. Because these non-taxable veteran benefits are being changed into legally taxable spousal support the ex-spouse can't qualify for food stamps or public assistance on their own and the disabled veteran can't take care of her children. The only people who win in this situation are the lawyers.
The last time this failure of our federal Veterans agency happened, we FIRED THEM!!! A veteran took the case Rose v Rose to the US Supreme in 1987. The Supreme Court ruled, the Veterans Administration was a FAILURE and that the law doesn't even "OBLIGATED" the VA to do its job!
This is why in 1988 the US Congress got rid of the Veterans Administration. They created the USDVA with the Department of Veterans Affairs Act. The lawyers have found a new way to confuse the courts and transfer a veteran's compensation into their own pockets.
To fully understand what is going on please read the following or visit our Official Facebook page at: http://www.facebook.com/protectveteranbenefits
Today, the lawyers are trying to outwit the law. They are preying on a tragic time in a soldier's life when they return from war, injured and changed for life. A time when this immense stress causes so much pain for the family that 90% will end in divorce. The lawyers will feed on the hurt feelings and scare spouses into becoming their clients. They pretend to offer comfort by saying, I can get you some of the money that is suppose to care for a disabled veteran. NOT because it's good for the ex-spouse but because it's good for the lawyer.
The lawyer doesn't tell their client, as soon as they are legally divorced from the veteran the reason the money from the VA for them stops, is because they switch to being under the public systems and immediately become eligible for any and all 1600 public assistance programs. Many programs designed in mind to help these ex-spouses of veterans and work as a transition assistance program.
These ex-spouses use to have the difficult job of taking care of a hurt veteran. There is no fault here, it doesn't matter if they were fired or quit. The ex-spouses immediately become eligible for monthly Food Stamps ($250), HUD ($650 and up), College travel and expense stipend ($986) and many other monthly paying programs. They also automatically receive annual grants that more than pay all tuition, book and fees. The Pell Grant pays $5,700 a year for 4 years of college. In many states they provide a tuition waiver and the Pell Grant is refunded to them as cash.
The lawyers don't tell them about these resources. They tell these ex-spouses who are upset, confused and afraid of being on their own; I can probably get you about $1,000 a month. They coach them how to testify in court. The lawyers instruct them, don't tell the court the veteran is suffering from a condition; tell the court the veteran is intentionally inflicting their symptoms, injuries and disease on you. They demonize these veterans for one purpose. To convince a judge to change the legal definition and status of means-tested, protected veteran's compensation into a form of taxable, garnishable spousal support and considered "income". They don't tell these ex-spouses, by getting this money as "income" it will immediately disqualify them from the programs just mentioned.
The lawyer's main goal here isn't to get money for their client. If so, they would be fighting to prevent this from happening. The best interest of the client is to be able to access these transition services and get over $2,000 month of tax free protected funds and not the $1,000 of spousal support income they have to file taxes on. No, the lawyer wants the ex-spouse to get the spousal support because once that legal change happens they can force that money to be used to pay their fees. They bribe the clients with statements like this; "I won't charge you for my fees, I'll get the judge to award the fees from the veteran".
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