OFFE NEWS

POSTED: June 18, 2020

OFFE Contacts DOJ Over Veteran Disability Compensation Benefits Wrongly Used in State Civil Courts

Letter to Acting General Counsel William A. Hudson, Jr. (Download PDF)

Letter to Attorney General William P. Barr (Download PDF)

Op-Ed on Veterans’ Suicides

It is hard to imagine what is going through a veteran’s mind when he is just seconds away from taking his own life. A reminiscence of life events has led him to this point. Along the way, lost hope in getting help which was more hopeless than he ever imagine, a horrible experience that feeds the mind with unpleasant thoughts. We hear people saying “thank you for your service”, so what does that mean?

If someone on the street acknowledges your service there is no relational connection other than a patriotic one. A judge on the other hand has a different view, thinking that the veteran is expecting some form of leniency or the veteran’s thinking that maybe the judge will consider his service with some form of gratitude.

Oblivious to what is going to happen; the judge offers no leniency with any thought of the hardship he has imposed on him. His arguments were in vain, rejected by his last hope of any understanding of his pain and hurt within his soul.

The last straw that breaks the camel's back is when the judge says to him, “thank you for your service” with a mockery grim. He has lost not only his family, his home, his children and his livelihood. The judge has sentenced him to be confined to the streets with no home, and taken away his dignity by using the only thing that was intended to make him whole. The judge has left him with his scars and horrific memories that led to his divorce.

So why have State Civil Courts across this nation turned their back on the rule of law when it comes to disabled veterans? There are no good reasons, except that disability compensation is awarded to a veteran having been injured or wounded during active duty service.

Is the court oblivious to the rule of law pursuant 42 U.S. Code § 659 that clearly affirms that state courts are prohibited from using disability compensation as money subject to process, unless a service-connected disability paid by the Secretary to a former member of the Armed Forces who is in receipt of retired or retainer pay, if the former member has waived a portion of the retired or retainer pay in order to receive such compensation. In simple language a veteran’s disability compensation at the risk of life changing consequences is not money subject to process, unless he retired from military service with over 20 years of service.

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.