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Old April 12th 11, 04:38 AM
haiki haiki is offline
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First recorded activity by ParentingBanter: Mar 2011
Posts: 5
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[QUOTE the protection of VA disability from alimony?[/quote]
More on the subject. Because, my reply cannot be limited, this will be in two parts.
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Part (1) “Clear and substantial” major damage to federal interests.
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There is “clear and substantial” major damage to federal interests when state court judges make lasting decisions that seriously impact and complicate the Veterans Administration goals. Upsetting, by overruling the medical decisions, and the many hours of work that VA medical care professionals have invested in rehabilitation of disabled veterans, all this when a state court arbitrarily is allowed to take away a veterans VA disability compensation in third party alimony awards in violation of…..
38 USC 5301. Nonassignability and exempt status of benefits, and….
38 USC 1155 “Authority for schedule for rating disabilities.
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Now, “.. an argument may be, is that the veteran's disability rating has not actually been downgraded. No one has actually decreased the VA predetermined rating. In this situation, the judge is merely apportioning it after the fact.”
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This maybe true, however, based on the fact because the rating and compensation are directly tied to each other. Sure the rating may have not gone down, but to a veteran his disability compensation payments is contingent upon what VA medical professionals determined the disabled veteran should be compensated for, forgetting for the moment, any rating system. To the veteran who loses any portion of his compensation payments, he considers his rating has been downgraded. Because, now his VA rating is meaningless. After all, a veterans health and well being are now in jeopardy. A “ cause and effect” situation. We just have to stop this nonsense that’s happening in state courts.
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Which brings up the question, how can state court judges in violating, 38 USC 5301, 42 USC 1408, arbitrarily award as alimony, a portion of a veteran’s VA disability rated compensation, and waive away, by reviewing the disability rights of veteran whose disability rating that maybe determined and factored in as critical? Judgment as if all disabilities are exactly the same. State court judges, playing doctor, border on medical negligence, overstepping those whose authority it belongs, in the practice of medicine, re-evaluation, and rehabilitation of the veteran, and VA medical professionals. In direct violation of 38 USC 1155, “Authority for schedule for rating disabilities.” "..., [i]n 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.” Reduced readjustment in a rating schedule, in the taking away money’s used for the recovery and rehabilitation of disabled veterans, and handing it over to a healthy third party. Was it the intent of Congress that judges substitute their judgment for the judgment of VA medical professionals?
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I now wondered, if state court judges are allowed to take away a veteran’s disability compensation without a medical license, or medical knowledge? How does the Board of Veterans Appeals, who are continually faced with determining a veteran’s disability compensation, or other medical claim, adjudicate these medical questions?
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§ 20.101 Rule 101. Jurisdiction of the Board.
“…Medical determinations, such as determinations of the need for and appropriateness of specific types of medical care and treatment for an individual, are not adjudicative matters and are beyond the Board's jurisdiction….”
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Even the Social Security Administration… has medical evidence standards they must follow.
42 USC 423 “In making any determination the Commissioner of Social Security shall make every reasonable effort to obtain from the individual’s treating physician (or other treating health care provider) all medical evidence, including diagnostic tests, necessary in order to properly make such determination, prior to evaluating medical evidence obtained from any other source on a consultative basis.”
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State court judges in awarding a veterans’ VA disability compensation as ‘income’ in a divorce, show an indifference to veterans’ and their serious medical needs. The deliberate intrusion by state courts into federal issues and laws, ruling arbitrarily by awarding VA disability compensation to a third party is unwarranted. They are required to obtain advisory medical opinion from medical experts, just as required by the Board of Veterans’ Appeals (BVA), and as well, as in all other civil litigation.
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