For more information call Gene Simes: (315) 986-7322 or send email.


POSTED: January 31, 2017

(Download PDF Version)


Download the complete Amicus Curiae Brief

January 25, 2017

OFFE and the VFW teamed up to fund the type-set printing and filing fees of the Amicus Curiae Brief posted below. The brief's primary objective is to clarify and acquire a current up to date decision by the Supreme Court re-enforcing the power of the Supremacy Clause (Article VI, Clause 2) within the United States Constitution. The Brief below is merely the first step in the nationwide movement to protect veterans' disability compensation and benefits from attachment by calculation or otherwise and/or used as a divisible marital asset and/or assignment to any third party as clearly described in USC Title 38 under ANY equitable or legal process whatsoever. The question before the 9 Justices is simply; "Does Federal law trump state law under any/all circumstances"? We can expect the Supreme Court to argue this simple question and come to a decision no later than June. At this point the other party has the opportunity to file a response to this Brief. OFFE will post that document once we have it in our possession.

Attorney at Law Carson Tucker, a former JAG Officer, is passionate about preserving the protection of veterans' benefits and disability compensation. This Federal protection dates back to the Revolutionary War and the founding of this nation. Operation Firing For Effect, Inc., along with the VFW teamed up and donated the funds needed by Attorney Tucker to professionally print and file this brilliantly written document. Mr. Tucker has obviously spent hundreds of hours researching the laws which support his writing and knows the issues facing our disabled veterans in state divorce court. Some may say; "Why do we have to clarify the Supremacy Clause, isn't it obvious that Federal law is the law of the land." This is true; we shouldn't have to explain the power of the Constitution. However, like marijuana's legal use states are passing laws which violate Federal law, so is the misuse of veteran's disability compensation being calculated as "income" in state divorce courts for the payment of spousal support is also a violation of Federal law. According to Attorney Tucker a 21st century ruling by the Supreme Court will bring the interpretation of the Supremacy Clause up to date and in turn help the national effort to enforce Federal Law in all state divorce courts.

You are encouraged to share this document with everyone you can. Print it out and send a copy to your Congressman and Senator. If you are a disabled veteran going through a divorce, share it with your attorney, or if you are representing yourself give the Judge a copy. Send a copy to your Newspaper, TV, or talk radio station. Get the word out about this heartfelt effort by the Grassroots veterans and their families.

If your lawyer thinks Attorney Carson Tucker could help your case, Carson is very receptive to helping any veteran protect their benefits; however, there may be a modest fee for consultation or assistance in developing a brief for your individual case. I'm certain his fee would be more than reasonable. Carson Tucker's contact information appears at the end of the Brief.

On behalf of Operation Firing For Effect, Inc. I want to thank Attorney Carson Tucker for his work to help our veterans. We are Honored and Proud to be a small part of this incredible Amicus Curiae Brief. We would also like to thank the VFW for supporting this effort.

OFFE has been leader in the nationwide to protect veterans' disability compensation and benefits from third party attachment under ANY circumstances for well over a decade.

Remember, if you do nothing, you can expect nothing to change…

OFFE National Chairman,

Gene D. Simes




Operation Firing For Effect (OFFE) is a bi-partisan veterans' Advocacy group, and subsidiary of veterans' For Veteran Connection, Inc., a 501(c)19 non-profit corporation devoted to the protection and improvement of entitlements and services earned by our men and women in uniform. 
OFFE does not endorse political candidates running for office. OFFE does report on issues of importance to our former military personnel and their families and that includes News from both sides of the aisle. OFFE will grant equal time to any candidate (regardless of political affiliation) who wishes to share and explain their position(s) on veterans' Affairs.