01/06/2022
Please share with all other Veterans, this affects all of us veterans! Please follow Trinity Advocates, Inc as well! We all need to be heard!
Summary of VA Attempt to Give States Absolute Power to Steal Veterans' Benefits!
As some of you know, I recently submitted a pro bono statement opposing the Veteran's Administrations preposterous rule change proposal to divest itself of its legislatively federal grant of exclusive jurisdiction over "all claims for benefits" with respect to disability pay paid to veterans and dependents to STATE COURTS! Yes, you heard that right, the veterans' administration is attempting to make an under-the-table corrupt "DEAL" with the corrupt state Title-IVD apparatus that steals veterans' disability pay by taking children away from disabled veterans and then forces the veteran to use his or her disability pay to satisfy a "state court" imposed support order in favor of the parent OR guardian given custodial rights over the child. The states also illegally apply this to alimony and spousal support also. To top it off, every time the states do this, they get huge kickbacks, sometimes 10:1 for every dollar they "steal" from the disabled veteran under these bogus support orders. The ONLY thing that has stood in the way of preventing this from happening is the apportionment process and the exclusive jurisdiction and federal adjudication powers given by Congress to the VA over that process pursuant to Congress' enumerated military powers in the Constitution. That latter point means that federal law absolutely preempts all state law concerning veterans' benefits, unless Congress says otherwise, and here IT HAS NOT - in fact, doubling down on this, Congress actually removed any notion of state court control over these benefits when it amended 38 U.S.C.S. § 511 and created the Veterans' Judicial Review Act, granting to the VA Secretary "EXCLUSIVE" jurisdiction and control over “ALL QUESTIONS OF LAW AND FACT” with respect to claims for benefits by both veterans and their dependents (including children, child support, and even former spouses in the form of spousal support or alimony).
In this proposed “rule change” VA seeks to unlawfully and unconstitutionally divest itself of its exclusive jurisdiction and adjudicatory authority and give all rights to these benefits to the whims of corrupt state courts and officials who profit off of the disability benefits that are supposed to be paid to and preserved for our nation's wounded servicemembers!
It is a horrible, horrible thing that is happening. I've submitted the objection on behalf of the non-profit Trinity Advocates (see below) and we must now engage to fight in court by suing the VA under the Administrative Procedures Act if and when they will likely enact this rule.
https://www.regulations.gov/comment/VA-2021-VBA-0025-0047
https://www.regulations.gov/docket/VA-2021-VBA-0025
It would be helpful if you could share this with your connections as well. This has to be stopped.
Sincerely,
Lex Fori PLLC
Carson J. Tucker, JD, MSEL
