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Corrupt Judges on Top Vets’ Court Get Great Disability Benefits, Full Pension after 15 Years … 100% of last salary
Here’s an outrage. The Court of Appeals for Veterans Claims (CAVC) knocks down our veterans’ disability claims constantly in violation of federal law. But these same CAVC judges are guaranteed great benefits and pensions.
From Col Dan Cedusky of Champaign Illinois:
Court of Appeals for Veterans Claims (CAVC)
Take a look at the case load … look at how few times the veteran wins … and many claims are denied or remanded back to VARO [Veterans Affairs Regional Office] or the VBA [Veterans Benefit Administration].
- CAVC Performance and Accountability Report 2009
Now, check out these cushy benefits CAVC judges get for screwing our veterans.
Pages 21-23
NOTE 8. FEDERAL EMPLOYEE AND VETERANS’ BENEFITS
The Court’s Judicial Retirement Fund (The Fund) was established by public law 38 U.S.C. 7296-7298 in August 1989 to provide a retirement benefit to all judges of the Court who (1) retire on an optional basis after meeting minimum age and service requirements, (2) are not reappointed, or (3) retire as a result of disability. As such, the Court’s retirement fund is a defined benefitspension plan with a calendar year as its fiscal year.
Pension Benefits. A judge of the Court, who is not reappointed, is eligible to retire if he has served 15 years. Those who leave with less than 15 years of service receive only a return of employee contributions, with the exception of two sitting judges who have 13 year terms. The benefit, payable for life, is equal to the salary of the judge just prior to the retirement. This amount increases each year by the amount an active judge’s pay is increased if the retired judge has elected to be recall-eligible. Otherwise, the benefit does not increase. If a recall-eligible judge later declines to perform recall service, the benefit is frozen at that point.
Disability Benefits. A judge who is permanently disabled at any time while in office may retire on disability. The amount of benefits is as follows: (1) If a judge is not recall-eligible, the benefit is to commence immediately, payable for life,and is equal to the salary of the judge prior to disability if service with the Court totals at least 10 years. The benefit is equal to one-half of the salary of the judge just before disability if contributory service totals less than 10 years subject to Cost of Living
Adjustment (COLA).(2) If a judge is recall-eligible, the benefit is payable for life and equal to the salary of the judge just prior to disability retirement. This amount will increase each year by the amount an active judge’s pay is increased if the retired judge has elected to be recalleligible, even if later removed for further disability. If a recall-eligible judge later declines to perform recall service, the benefit is frozen at that point.
Death Benefits. The only benefits payable upon the death of a judge is a return of employee contributions unless the judge enrolls in the optional Survivors Benefits Program.
Optional Survivors Benefits Program. Participation in the survivor annuity program is elective, and those who choose to participate must contribute 2.2% of active salary or retired pay. Also, 18 months of creditable service must have been completed and contributions made for that service before benefits can be paid. For this program, creditable service may include other federalservice. Upon a participant’s death:
Unremarried widow(er) – receives an annuity equal to:
(1) 1.5% of the judge’s high-3 average annual salary multiplied by the sum of years of judicial service, allowable service as a Member of Congress, up to five (5) years of allowable military service, and up to fifteen (15) years of congressional employee service, plus,
(2) 0.75% of the judge’s high-3 average annual salary multiplied by all other creditable service. The annuity cannot be less than 25% nor exceed 50% of the average annual salary of the judge. Remarriage before age 55 terminates eligibility for a survivor annuity.
Once in payment, the annuity will be subject to annual COLAs in the amount as those received by annuitants of the Judicial Survivors’ Annuity Program.
Short URL: http://www.veteranstoday.com/?p=39570
Posted by Yanira Farray on Jul 10 2010, With 0 Reads, Filed under Benefits, Vet News, Veterans Affairs. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.
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When will ya’ll realize that the whole shitaroo is corRupt, it is a shameful thing to be assosiated with humans or anything that humans do to each other, the corruption of the “EGO” mans biggest downfall. I am ashamed to be a part of this very f…ed up world …..future generations will look on this time the way that we now look on the “medevil times” horrific, disgusting, and barbaric to say the least “GOOD LUCK WITH THIS SLUDGE POOL” IN CANADA HERE A JUDGE A IS PAYED 260K PER YEAR THATS ABOUT 260 K TO MUCH PLUS WHATEVER BENIFITS THEY CAN SCAM FORM THE TAX COFFERS WOW THATS ABOUT 20K PER MONTH…WHILE SOME PEOPLE ARE EXPECTED TO LIVE ON 5 PERCENT OF THAT PAY…..ALL THESE WHITE COLLAR PRO CONS ARE THE VERY SCURGE THAT IS BRINGING THE WORLDS WOES…..
“PRO CONS” PROFESSIONAL CONPEOPLE CONNING THE WORLD TO THINK THAT THEY ARE IMPORTANT AND NEEDED. THEY ARE NOT IMPORTANT. THEY ARE NOT NEEDED.
WHAT IS NEEDED AND IMPORTANT IS A JUDICIAL SYSTEM THAT DOES NOT RELY ON SOME PERSONS EGO AND EMOTIONS… COUPLED WITH THEIR DESIRE TO BUILD A LARGE BANKROLL….THERE IS NO SUCH THING AS “HUMAN IMPARTCIAL JUDGEMENT”
Hey, did any of these judges actually fight in a war? Did they get drafted into the Vietnam War like so many of our Baby-Boomers in the 60′s!?!? Remember that! You couldn’t even chose! Your number came up and YOU HAD TO GO or run away to Canada! Well my husband fought as a Marine and is now suffering from everything you can imagine that Agent Orange can cause (to say nothing of the PTSD). I mean really! 53000+ young men died in that war! What he had to witness must have been horrible! And these idiot Judges are the ones who make his disability claims impossible!!!!! And they get THE BENEFITS THAT SHOULD BE GOING TO HIM!!!!!!! This Government makes me sooooooo sick! My husband is the GOOD AMERICAN! Not one of these assholes running our Government even comes close to him (Maybe John McCain for having to be a POW)but even he seems to be losing sight of what our young and old soldiers deserve! This of course is only because he DOES NOT NEED THE MONEY LIKE WE DO NOW! We both lost our jobs at the ages of 58 and 59 because of this ruined economy, and therefore have LOST EVERYTHING before we could even think about retiring. He has been fighting for his VA Disability Benefits for so long now, we can’t keep track! I have a friend who’s father finally got approved for his 100% disability income (he was in a wheelchair and on oxygen at the time)one year before he died! America the Beautiful! If you’re a politician that is! This has to end now! These benefits should be approved with proof of service and medical records only! And they should be approved WITHOUT ALL THE RED TAPE!
After had reviewed the links and having read the supporting documentation, the author makes statements w/o any facts. The audit if a financial one. That stats are how the case load from 2000-2009 were adjudicated or disposed of. There isn’t anything that shows any form of corruption.
As for some of the previous comments, you don’t need to have served in combat or have a disability rating to understand the law. If you going to get an attorny that used to be a JAG lawyer to sit on this bench, remember they came in as an 03 and by the time they became an 04, they were being put into administrative duties. They didn’t go to court but instead became administrators. If you want someone that has the background to become a judge. Heck, less than 10% of all the GI’s (Marine and Army) saw combat (in Vietnam). Let us not think that we have to pick our judges from this narrow group of people. We need good, fair and honest people that understand the law and know how to apply it. They also have to had a good reputation when they were attorney’s.
A Vet is a Vet. You shouldn’t have to be a war-time vet to be considered for anything. Allot of peace-time vets were injured training for that time they might be called upon to serve their country in a hot-war. Please don’t denigrade their serve just because the US didn’t fight a war.
Cases “adjudicated or disposed of … .” Right. Tell that to the vets who got shafted.
You sound like you work for the VA or the American Enterprise Institute, without any conception of the deny-delay-and-hope-you-die culture that the DVA and claims appeals process is.
What veterans’ advocates do you talk to?
Ask Philip Cushman what he thinks of his case “adjudicated or disposed of”.
See:
http://www.veteranstoday.com/2009/08/18/vets-win-landmark-decision-due-process-guaranteed-for-first-time/
Cushman’s case is typical. It’s the United States Court of Appeals for the Federal Circuit ordering the political appointees on the Court of Appeals for Veterans Claims (CAVC) to follow the law.
CAVC and the DVA shaft veterans because few object and they can get away with it.
RW YOU ARE A FUNNY PERSON…”We need good, fair and honest people that understand the law and know how to apply it.” A GOOD, FAIR ,OR HONEST PERSON WOULD NEVER BUY INTO THE BULLSHIT BIAS LAWS THAT EXIST TODAY ….”They also have to had a good reputation when they were attorney’s.” THIS IS SO FUNNY THAT ANY GOOD OR BAD COMIDIAN COULD USE AS PART OF THEIR SCHTICK….YOU CAN NOT SERVE JUSTICE WITH BIAS LAWS AND BENT EGOS….WITH A LUST FOR THE DOLLAR….NICE TRY THOUGH ….YAKE A LOOK AT WHAT IS HAPPENING …..
Damn, knew I had the wrong job. Should have been a corrupt judge, then i wouldn’t have had to fight the VA for 41, 27 and 30 years for my rightfull disabality benefits.