Comments on: State Courts Declare Open-Season on Veterans’ Disability Compensation http://www.veteranstoday.com/2007/11/19/state-courts-declare-open-season-on-veterans-disability-compensation/?utm_source=rss&utm_medium=rss&utm_campaign=state-courts-declare-open-season-on-veterans-disability-compensation Military Veterans and Foreign Affairs Journal - VA - Veterans Administration Sun, 12 Feb 2012 05:54:04 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Brian O'Gorman, Olympia, WA (360) 359-6527 http://www.veteranstoday.com/2007/11/19/state-courts-declare-open-season-on-veterans-disability-compensation/comment-page-1/#comment-20170 Brian O'Gorman, Olympia, WA (360) 359-6527 Mon, 27 Jul 2009 08:09:58 +0000 http://127.0.0.1/?p=2588#comment-20170 Gentlemen, My wife convinced me after the reduction from active duty pay to disabled veteran pay that we could afford life easier in California. When we got there she promptly forced me out of the house and filed for seperation as fast as she could. I later found out that this was planned all along so that she could join the "Adidam" Cult down in Lake County, CA. She drained the accounts before we seperated and in the following months, guilted me into giving her most of my pay "for the children". We went to court over the last two weeks and the Judge ordered me to pay her 1000 out of my disability compensation and also to reimburse her 2000 for attorney costs though her cult buddies had already financed this. The kicker is that the judge used my 70% PTSD rating to decide that I was a danger to my children. I now have to go on supervised visits with, you guessed it, her cult-buddies as the supervisors. Now, I don't think I'll be able to afford an attorney at all. The child support hearing is in August and I just know that I'm going to get hosed then, also. But, at least I'll know that she'll be able to afford the monthly tithe to the cult. I feel so warm and fuzzy inside. Gentlemen,
My wife convinced me after the reduction from active duty pay to disabled veteran pay that we could afford life easier in California. When we got there she promptly forced me out of the house and filed for seperation as fast as she could. I later found out that this was planned all along so that she could join the “Adidam” Cult down in Lake County, CA. She drained the accounts before we seperated and in the following months, guilted me into giving her most of my pay “for the children”. We went to court over the last two weeks and the Judge ordered me to pay her 1000 out of my disability compensation and also to reimburse her 2000 for attorney costs though her cult buddies had already financed this. The kicker is that the judge used my 70% PTSD rating to decide that I was a danger to my children. I now have to go on supervised visits with, you guessed it, her cult-buddies as the supervisors. Now, I don’t think I’ll be able to afford an attorney at all. The child support hearing is in August and I just know that I’m going to get hosed then, also. But, at least I’ll know that she’ll be able to afford the monthly tithe to the cult. I feel so warm and fuzzy inside.

]]> By: richard smith http://www.veteranstoday.com/2007/11/19/state-courts-declare-open-season-on-veterans-disability-compensation/comment-page-1/#comment-11386 richard smith Wed, 04 Mar 2009 19:24:09 +0000 http://127.0.0.1/?p=2588#comment-11386 i think the veterans like my self need to quit sitting on their asses and march to washingtone. if the voiice is loud enough well get the exposure we need and well be heard. you know why things got done in the 60s and 70s? because people werent scared to raise their voice. they protested, got media exposure and got the world behind them. i think we need a million man march of veterans and demand that the laws protect us and our money and the reorginazation of a crappy va. thats just my opinion. the question you should ask yourself is IS THE FIGHT IN ME ALL GONE IF SO SHUT UP AND GO HOME IF THERE IS A FIGHT STILL LEFT INSIDE YOU RISE UP FOR THE THINGS YOU FOUGHT FOR AND GET THEM OFF THEIR ASSES AND MAKE THEM MOVE thats my opinion. i think the veterans like my self need to quit sitting on their asses and march to washingtone. if the voiice is loud enough well get the exposure we need and well be heard. you know why things got done in the 60s and 70s? because people werent scared to raise their voice. they protested, got media exposure and got the world behind them. i think we need a million man march of veterans and demand that the laws protect us and our money and the reorginazation of a crappy va. thats just my opinion. the question you should ask yourself is
IS THE FIGHT IN ME ALL GONE IF SO SHUT UP AND GO HOME
IF THERE IS A FIGHT STILL LEFT INSIDE YOU
RISE UP FOR THE THINGS YOU FOUGHT FOR
AND GET THEM OFF THEIR ASSES AND MAKE THEM MOVE
thats my opinion.

]]> By: Bruce Wallace http://www.veteranstoday.com/2007/11/19/state-courts-declare-open-season-on-veterans-disability-compensation/comment-page-1/#comment-10437 Bruce Wallace Fri, 30 Jan 2009 13:58:38 +0000 http://127.0.0.1/?p=2588#comment-10437 It is easy to understand why civil court judges ignore federal laws and federal mandates: they are radical liberals and tyrants who think they are above the law. they have communist tendencies that essentially make them domestic enemies of the United States. military personnel take a mandatory oath that they must protect and defend the US from all enemies, foreign and domestic. often, it appears, these kind of judges either are not veterans, dislike or hate veterans and even persons still on active duty. maybe they think the court bailiff will protect them from foreign invasion, as in a full scale attack by an invading army against America. they are so arrogant and stupid they probably think so. some honest judges who uphold the law and protect disabled veterans from that part of society which is predatory, that will even exploit disabled veterans, have an uphill battle in their efforts to protect such veterans as persons preying on such veterans simply go judge shopping until they find one dishonest and dispicable enough to steal from, and in some cases imprison the veteran if he/she declines to be thusly exploited. judges who exploit veterans in this manner are in essence criminals who will at some point be held liable and accountable. there are ways to get them out of office, one way or another, through proper legal and social and political channels, which may be one of the best ways to deal with them. It is easy to understand why civil court judges ignore federal laws and federal mandates: they are radical liberals and tyrants who think they are above the law. they have communist tendencies that essentially make them domestic enemies of the United States. military personnel take a mandatory oath that they must protect and defend the US from all enemies, foreign and domestic. often, it appears, these kind of judges either are not veterans, dislike or hate veterans and even persons still on active duty. maybe they think the court bailiff will protect them from foreign invasion, as in a full scale attack by an invading army against America. they are so arrogant and stupid they probably think so. some honest judges who uphold the law and protect disabled veterans from that part of society which is predatory, that will even exploit disabled veterans, have an uphill battle in their efforts to protect such veterans as persons preying on such veterans simply go judge shopping until they find one dishonest and dispicable enough to steal from, and in some cases imprison the veteran if he/she declines to be thusly exploited. judges who exploit veterans in this manner are in essence criminals who will at some point be held liable and accountable. there are ways to get them out of office, one way or another, through proper legal and social and political channels, which may be one of the best ways to deal with them.

]]> By: Pat Brodeur http://www.veteranstoday.com/2007/11/19/state-courts-declare-open-season-on-veterans-disability-compensation/comment-page-1/#comment-10242 Pat Brodeur Fri, 23 Jan 2009 12:40:25 +0000 http://127.0.0.1/?p=2588#comment-10242 Hi Jere, I was wondering if you have been receiving my e-mails. The congressional researchers have determined that the "intent" of Title 38 was that no one had the right to attach it. They are, as I write, writing a new law that will "put more teeth" into it and make it more enforceable. I don't know how you're doing with the attorney you're dealing with, but my congressman got on it right away. If you want to kept apprised of the events, will gladly send you updates as soon as I know them. I may have more info by Feb 5th. My e-mail is pebro15@msn.com and home # is 860 376 3436. You can reach me most anytime. Hi Jere,

I was wondering if you have been receiving my e-mails. The congressional researchers have determined that the “intent” of Title 38 was that no one had the right to attach it. They are, as I write, writing a new law that will “put more teeth” into it and make it more enforceable. I don’t know how you’re doing with the attorney you’re dealing with, but my congressman got on it right away. If you want to kept apprised of the events, will gladly send you updates as soon as I know them. I may have more info by Feb 5th. My e-mail is pebro15@msn.com and home # is 860 376 3436. You can reach me most anytime.

]]> By: Anonymous http://www.veteranstoday.com/2007/11/19/state-courts-declare-open-season-on-veterans-disability-compensation/comment-page-1/#comment-4893 Anonymous Sat, 15 Nov 2008 17:53:46 +0000 http://127.0.0.1/?p=2588#comment-4893 Judges overstepping. A veteran's observation. = How can state court judges waive away disability rights, and arbitrarily award as alimony a portion of a veteran’s disability rated compensation, determined on a case-by-case basis of a veteran’s whose disability rating that maybe, is factored in as critical? Judgment as if all disabilities are exactly the same? State court judges are overstepping those whose authority it belongs, in the practice of medicine, reevaluation, and rehabilitation of the veteran. And in doing so, ignorance of the law is no excuse, the law is quite clear, along with violating the canons of standard conduct for judges, violating “Authority for schedule for rating disabilities.” 38 USC 1155, "..., in no event shall such a readjustment in the rating schedule cause a veteran's disability rating in effect on the effective date of the readjustment to be reduced unless an improvement in the veteran's disability is shown to have occurred.” Violating as well, 38 USC 5301, 42 USC 1408. = As veterans’ all too well know, state court judges upon eyeing a veterans disability compensation, and as well as Social Security disability, as alimony, the standards of judicial jurisprudence, and laws are totally ignored. However, the following federal judge’s ruling supports the standard for which state court judges are governed. State can't deny kids Medicaid services, judge says. http://www.ajc.com/search/content/metro/stories/2008/06/16/medicaid_children_lawsuit.html = “The decision last week by U.S. District Judge Thomas W. Thrash pertains to the case of a 13-year-old developmentally disabled girl, Anna C. Moore of Danielsville in north Georgia. Her doctor prescribed 94 hours of private duty nursing care a week for her, but the state Department of Community Health approved only 84 hours. = The Atlanta federal judge found the state does not have the discretion to deny funding for services prescribed by a treating physician. "The decision affirms that treating physicians, and not the state, should make those decisions," said the girl's attorney, Joshua Norris of the nonprofit Georgia Advocacy Office.” = VETERANS LAW JOURNAL http://74.125.45.104/search?q=cache:se1h9j9w5GMJ:www.cavcbar.net/Fall_2004.pdf+the+statutes+in+broadly+precluding+judicial+review+of+the+contents&hl=en&ct=clnk&cd=11&gl=us = A Quarterly Publication of the Court of Appeals for Veterans Claims Bar Association = “Thus, the Federal Circuit found that “[t]he statutory scheme … consistently excludes from judicial review all content of the ratings schedule as well as the Secretary’s actions in adopting or revising that content.” Looking at the legislative history, the Federal Circuit pointed out that “[t]he language in the legislative history is not limited to the percentages of the disability ratings, as appellants argue, but matches the statutes in broadly precluding judicial review of the contents of the disability rating schedule in toto.” = Is this what returning veterans from Iraq and Afghanistan need? Come home to fight another battle? What needs to be done? As explained above briefly, you know your fellow veterans’ are taking a beating from judges in state divorce court. Seizing veterans’ VA disability compensation. Being awarded as alimony. These judges, although recognizing federal law, somehow justify their interpretation of 38 USC 5301 and 10 USC 1408, and the Supremacy Clause as not being perhaps strong enough. Now comes, 38 USC 1155, “Authority for schedule for rating disabilities”, this is possibly just what the disabled veteran needs to overcome the state court’s opposition and uncertainty, with a law that leaves no room for ambiguity in it’s meaning. = I don’t believe 1155 argument has ever been tried, or introduced in court. Now is the time to test this. Once introduced, the court will have to deal and rule on this. If there are any upcoming veterans' court divorce proceedings, or even possibly pending cases, the introduction of 1155 could possibly be the one thing that will challenge and remove, hopefully forever, another burden from our disabled veterans, at an unfortunate time in their lives. I hope you found this advice worthwhile. Please post this notice on your bulletin board, email, or newsletter, there may be a veteran that can benefit from this advice Thank you. = William H. Heino Sr. Judges overstepping. A veteran’s observation.
=
How can state court judges waive away disability rights, and arbitrarily award as alimony a portion of a veteran’s disability rated compensation, determined on a case-by-case basis of a veteran’s whose disability rating that maybe, is factored in as critical? Judgment as if all disabilities are exactly the same? State court judges are overstepping those whose authority it belongs, in the practice of medicine, reevaluation, and rehabilitation of the veteran. And in doing so, ignorance of the law is no excuse, the law is quite clear, along with violating the canons of standard conduct for judges, violating “Authority for schedule for rating disabilities.” 38 USC 1155, “…, in no event shall such a readjustment in the rating schedule cause a veteran’s disability rating in effect on the effective date of the readjustment to be reduced unless an improvement in the veteran’s disability is shown to have occurred.” Violating as well, 38 USC 5301, 42 USC 1408.
=
As veterans’ all too well know, state court judges upon eyeing a veterans disability compensation, and as well as Social Security disability, as alimony, the standards of judicial jurisprudence, and laws are totally ignored. However, the following federal judge’s ruling supports the standard for which state court judges are governed.

State can’t deny kids Medicaid services, judge says.
http://www.ajc.com/search/content/metro/stories/2008/06/16/medicaid_children_lawsuit.html
=
“The decision last week by U.S. District Judge Thomas W. Thrash pertains to the case of a 13-year-old developmentally disabled girl, Anna C. Moore of Danielsville in north Georgia. Her doctor prescribed 94 hours of private duty nursing care a week for her, but the state Department of Community Health approved only 84 hours.
=
The Atlanta federal judge found the state does not have the discretion to deny funding for services prescribed by a treating physician. “The decision affirms that treating physicians, and not the state, should make those decisions,” said the girl’s attorney, Joshua Norris of the nonprofit Georgia Advocacy Office.”
=
VETERANS LAW JOURNAL
http://74.125.45.104/search?q=cache:se1h9j9w5GMJ:www.cavcbar.net/Fall_2004.pdf+the+statutes+in+broadly+precluding+judicial+review+of+the+contents&hl=en&ct=clnk&cd=11&gl=us
=
A Quarterly Publication of the Court of Appeals for Veterans Claims
Bar Association
=
“Thus, the Federal Circuit found that “[t]he statutory scheme … consistently excludes from judicial review all content of the ratings schedule as well as the Secretary’s actions in adopting or revising that content.” Looking at the legislative history, the Federal Circuit pointed out that “[t]he language in the legislative history is not limited to the percentages of the disability ratings, as appellants argue, but matches the statutes in broadly precluding judicial review of the contents of the disability rating schedule in toto.”
=
Is this what returning veterans from Iraq and Afghanistan need? Come home to fight another battle? What needs to be done? As explained above briefly, you know your fellow veterans’ are taking a beating from judges in state divorce court. Seizing veterans’ VA disability compensation. Being awarded as alimony. These judges, although recognizing federal law, somehow justify their interpretation of 38 USC 5301 and 10 USC 1408, and the Supremacy Clause as not being perhaps strong enough. Now comes, 38 USC 1155, “Authority for schedule for rating disabilities”, this is possibly just what the disabled veteran needs to overcome the state court’s opposition and uncertainty, with a law that leaves no room for ambiguity in it’s meaning.
=
I don’t believe 1155 argument has ever been tried, or introduced in court. Now is the time to test this. Once introduced, the court will have to deal and rule on this. If there are any upcoming veterans’ court divorce proceedings, or even possibly pending cases, the introduction of 1155 could possibly be the one thing that will challenge and remove, hopefully forever, another burden from our disabled veterans, at an unfortunate time in their lives. I hope you found this advice worthwhile. Please post this notice on your bulletin board, email, or newsletter, there may be a veteran that can benefit from this advice Thank you.
=
William H. Heino Sr.

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