Which Consumer Lenders Are (and Aren’t) Helping the Most - American Express (cards), Capital One (auto loans and cards) and JPMorgan Chase said they would allow people to skip payments, interest free.
Owe VA Money???
To Loneliness And Isolation For Seniors
Did you know that hearing loss and tinnitus are the
most commonly rated veterans disabilities? Did you
know that hearing loss and tinnitus can cause
other secondary conditions, particularly mental
health problems like depression and loneliness?
Chronic Pain Is an Impossible Problem
A “safe” alternative to opioid painkillers
turns out to be not so safe.
Amazon Is Putting Book Deliveries Into the
Slow Lane Thanks to the Coronavirus
The retail giant is prioritizing household
and medical supplies, and pushing
everything else to the back of the queue.
Should I file a claim?
Potential VA claims?
What am I missing in the VA claims process?
Best way to check on a supplemental claim online?
Confused on what to do with claim.
Dependent status with education benefits.
Suing the VA for negligence and malpractice.
Extra schedular ratings under
How can I get an extra schedular rating?
To receive an extra schedular rating the veteran
must first show that the veteran’s
conditions result in a disability picture
that is not covered by the schedule of ratings.
Don't ever try to hide or disguise any income (like VA benefits).
Your credibility is your only asset in a family court.
If the judge discovers that you aren't reporting all of your income, including your VA disability income,
that won't go well for you. Don't argue the law with the judge. The family court judge has heard it all.
The family court is run by the state you're in.
They follow the law that is in effect in your state. Most states require that a financial statement be completed for the court to review.
Each state says that "income" must be accurately listed so that the court understands the financial status of each party.
How "income" is defined may vary from state to state. Most use language like "total income from all sources" or something similar.
Look for the law in your state by clicking right here.
In most of these on-line references you'll see that the state lists "disability income" or similar language. The judge wants to know how much your overall, total income is.
The question we're asked on an near daily basis...
"Do I have to pay child support or alimony with my VA disability money? I'm told that the law protects me from that. I can barely manage now with the disabled veterans benefits I receive."
The answer is almost always, "Yes, your VA disability money will be used by the family court to determine your obligation to pay child support or alimony." It is viewed as part of your total income and the law allows it to be used in every state. The court can not garnish the money from the VA. But once you have it in your checking account, the court can order you to pay the amount they have determined to be your obligation. If you don't, you may be held in contempt of court and you may go to jail. Is this fair? I can't answer that. I don't usually try to address whether or not it's a fair system. I just report to you the reality of what's happening in our veterans world and this is the reality we face. If you don't pay, the obligee (the custodial parent or the spouse owed alimony) may ask VA to apportion your VA disability payment. While this isn't called garnishment, it works the same way. If you are behind on payments, VA will determine what they believe you can afford and send it to the obligee. Once apportionment starts, you will face a steep hill in challenging it to get away from it. Your only real option is in the family court.
You have the right (this varies state to state) to ask the family court judge to lower your obligation.
Coronavirus distancing: Don't forget about veterans.
For them, loneliness can be deadly.
Legislation already exists to get our service members
the help they need through animal companions.
We must make sure it passes and soon.
Misuse of Certain Nonopioid Analgesics on the Rise
Gabapentin, Baclofen May Be Seen
as Opioid Alternatives
Jim Strickland is a Vietnam era Army veteran and nationally recognized expert on VA disability benefits
and a member of the Stateside Legal Website Advisory Board. Jim's Mailbag, is a regular column where veterans,
servicemembers, and family members can ask Jim their questions about VA and Social Security disability benefits.
You can browse all of these Q&As here, and search the Jim's Mailbag archives for helpful answers.
Roger Hale, Veterans Law Attorney
Personal Injury Lawyer - Free Consultation For Veterans
Industrial Accidents Nursing Home Negligence Car Accidents
Workers Compensation Veterans Law
Pain & Suffering Emotional & Mental Anguish
(405) 531-9983
Just who do you think
you are?
Stats about veterans.
Percent of U.S. adult population who are veterans in 2017, by state
Employment Data for Veterans With Disabilities
Employment Situation of Veterans Summary
Immigrant Veterans in the United States
Demographics of the U.S. Military
Veterans and Military Documents
Military Programs and Benefits
Facts on Veterans and Entrepreneurship
American War and Military Operations
Casualties: Lists and Statistics
Tinnitus and hearing loss among
Veteran Social Security Beneficiaries
Veteran-Owned Businesses and Their Owners
48 Interesting U.S. Military Facts
The American Veteran Experience and the Post-9/11 Generation
National Center for Veterans Analysis and Statistics - Quick Facts
Global Firepower - 2019 World Military Strength Rankings
Medical Malpractice - Veterans 1151 Claims
Malpractice Attorneys Helping Veterans Harmed By The VA
Veterans Healthcare Rights - Federal Tort Claims -
VA Medical Malpractice Claims, Misdiagnosis, Hospital Negligence, Medical Errors
For a review of your VA malpractice case contact our lawyers today. Our firm serves throughout the nation,
and is one of the few firms to have specialized experience in VA malpractice cases.
Call Now! (949) 640-8222
PAPER Evidence Records
and Claims All Go Here
V A Claims Intake Center
PO BOX 4444
JANESVILLE, WI
53547- 4444
Toll Free Fax:
844-531-7818
Key findings about America’s military veterans
The experiences of post-9/11 veterans differ from
those who served in previous eras. Post-9/11
veterans more likely to have been deployed,
seen combat, experienced emotional trauma
You've Arrived at the VAWatchdog Dot Org!
Welcome Home
We've been keeping veterans informed of news and events important to them since 2005.
You'll find all you need to file your claim and referrals to professionals who can help you when things don't go well.
What you won't find here is unending chat or opinions from strangers who like to think of themselves as experts.
Our goal is to ensure that you are awarded the benefits you earned with your service to our country.
We're here to help you take charge of your benefits, and that is all.
Trump: “We’ll be cutting” entitlement programs
White House: He didn’t really mean that.
Following his Fox News town hall, Stephanie Grisham and Kellyanne Conway denied that Trump said what he said.
C&P Service Clinician’s Guide
Scheduled For A C & P??? Filing A Claim?
This is a must read for you!!!
I've been posting this again and again over the years
and it's still one of the best ways I know to win
your case. Published in 2002 the principles and much of
the verbiage still applies and is in daily use at the VA.
VA Urgent Care Pharmacy Locations
Find VA-approved urgent care/retail location
pharmacies near a specific
address or ZIP code, or search by VA Facility.
Divorce, Child Support, and VA Disability Payments
Julie Glover Adam Luck Veterans Law Attorneys
Veterans in the midst of a divorce often question how their VA disability compensation will be treated in the process. They are often surprised to find out that their VA disability benefits will likely be considered determining how much child support he or she should pay. Although some individual states may have exempted VA disability benefits from consideration in child support, the Supreme
Court in Rose v. Rose (1987) found that disability payments could be considered when determining child support obligations.
The Court noted that “children may rightfully expect to derive support from a portion of their veteran parent’s disability benefits.” This means that federal law does not prevent a state court from ordering a veteran to pay child support in an amount that necessarily
would require the veteran to use VA disability benefits to satisfy the obligation.
Contact us for more information about your case...the consultation is free!
From the Desk of Drew Early - Veterans Law Attorney
Retired and divorcing? Believe in 5301 protection?
Hey Jim, This is the latest case (and it’s a Supreme Court case) about VA benefits and how they are considered when a military retiree is in a divorce situation. This will serve to further clarify (or cloud, depending on perspective) an already contentious area for some veterans.
Howell v. Howell, Docket #15-1031 . The Court unanimously held that a “state court may not order a veteran to indemnify a divorced spouse’s portion of the veteran’s retirement pay caused by the veteran’s waiver of retirement pay to receive service-related disability benefits.”
Although the Uniformed Services Former Spouses’ Protection Act allows a state to treat a military veteran’s retirement pay as community property, it “exempts from this grant of permission any amount that the Government deducts ‘as a result of a waiver’ that the veteran must make ‘in order to receive ‘disability benefits.’”
The Court therefore held in Mansell v. Mansell, 490 U.S. 581 (1989), that if a veteran waived a portion of his retirement pay by electing to receive disability pay and later gets divorced, a state court may not treat the waived retirement pay as community property. The Court held here that the same result obtains when the veteran makes that waiver after his divorce — a divorce in which he
agreed to pay his former spouse 50% of his military retirement pay each month.
/s/ Drew Early, Esq.
Veterans & Divorce, Alimony, Child Support,
Garnishment, Apportionment, Family Court
Can VA Disability Compensation Be Used to Calculate Child Support or Income?
BY ROB JENNINGS J.D.
In addition to child custody, separating couples with children must figure out how to handle child support. While the law on child support varies from state to state, courts generally calculate child support according to their state's guidelines. Child support guidelines typically take both parties' incomes into account. For purposes of calculating child support, income usually includes disability benefits from Veterans Affairs. Although the law typically protects VA benefits from garnishment, this doesn't always apply to child support.
The apportionment process - how to apply
VA Form 21-0788 - Veterans Affairs - INFORMATION
REGARDING APPORTIONMENT OF BENEFICIARY'S AWARD
Using certified mail, send the form to:
Department of Veterans Affairs
Claims Intake Center
PO BOX 4444
JANESVILLE, WI 53547- 4444
You should also fax a copy to:
Toll Free Fax: 844-531-7818
Wait patiently for VA to reply.
The Actual Legal Analysis as to 38 USC 5301 and Alimony
Willick Law Group
3591 East Bonanza Road
Las Vegas, NV 89110
(702) 438-4100
Rose v. Rose - 481 U.S. 619 (1987)
U.S. Supreme Court
Rose v. Rose, 481 U.S. 619 (1987)
Rose v. RoseNo. 85-1206
Argued March 4, 1987
Decided May 18, 1987 481 U.S. 619
Appellant, a totally disabled veteran whose main source of income is federal veterans' benefits, was held in contempt by the state trial court for failure to pay child support, the amount of which had been fixed by the court after considering appellant's benefits
to be income under a Tennessee statute. The State Court of Appeals affirmed, rejecting appellant's contention that the Veterans' Administration (VA) has exclusive jurisdiction to specify payments of child support from the disability benefits it provides. The court determined that Congress intended disability benefits to support the beneficiary and his dependents, and held that the trial court's
order directing appellant to pay a portion of those benefits as child support or be held in contempt did not undermine a substantial federal interest.
Garnishment & Apportionment are very serious matters.
Your VA disability payment can't be garnished under most circumstances.
It can be "apportioned". The dependent who is owed money by the order of a family court is allowed to seek apportionment
through the VA.
The dependent must complete the VBA Form 21-0788.
How to file a VA disability claim
Find out how to file a claim for disability compensation
or increased disability compensation.
John Prine, One of America’s Greatest Songwriters, Dead at 73
Grammy-winning singer who combined literary genius with a common touch succumbs to coronavirus complications
His song, Sam Stone, is one of the most poignant and touching war stories ever told.
Written about the Vietnam era soldier, the message affects every veteran.
RIP
Do You Need
Medical Care
RIGHT NOW?
You are already authorized
to use an urgent
care clinic!
Announcing the Veterans Benefits Banking Program
A partnership between VA and the
Association of Military Banks of America
Is your disability pay fair game in a divorce?
(Yeah, it is...)
Lodging & Camping in southern Illinois with access to the Shawnee National
We offer lodging, camping,
stabling, corral, pasture,
access to a hunting lease and
discounts for America's
military veterans!
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Florida veterans health centers moving to virtual appointments to combat coronavirus
to stay home and avoid exposure
How Divorce, Alimony, and Child Support
Affect Veterans' VA Benefits
VA benefits can be garnished only for spousal
or child support, and only under certain conditions.
Con artists may try to get your Medicare
Number or personal information so they can steal
your identity and commit Medicare fraud.
Welcome to the KnowVA Knowledge Base
Locate information more quickly and efficiently
Your 2020 Guide to Social Security Benefits
Whether you’re claiming Social Security in 2020, have been collecting benefits for years, or are still decades away, here’s what you need to know about this critically important retirement program.
Medical Malpractice
I did that for years & it's
the best thing ever. Get
into the belly of the beast.
Schedule for Rating Disabilities
The NPRC
Military Records DD 214
VA Releases Survivors Quick Start Guide
Reference guide to help during final
arrangements planning
The Next, Terrible Phase of This Crisis
After cancellation comes triage
Nexus and IMO Letters
We get $2,470 a month from Social Security
and want a warm, friendly city near the ocean.
VA Health Care Public Health Novel Coronavirus Disease (COVID-19)
What you should know
VA is working closely with The Centers for Disease Control and Prevention (CDC) and other federal partners, monitoring an outbreak of Novel Coronavirus first identified in Wuhan, Hubei Province, China.
How Do You Apply For Social Security Disability Benefits?
Information on social security disability benefits
8 Museums You Can Virtually Tour Right Now
Visit famous institutions in Paris, Amsterdam,
and more—without leaving home.
Regional Offices' Public Contact Closures
The Veterans Benefits Administration (VBA) Regional Offices will be closed to the public starting March 19.
Regional offices will remain open, but will no longer accept walk-ins for claims assistance, scheduled appointments, counseling and other in-person services.
Social Security recipients who don’t usually
file tax returns will automatically get $1,200
payments, Treasury says in reversal
Most high school seniors and college
students still won’t get any money at all.
How To File a VA Disability Appeal
You have the right to appeal any benefits decision made by the Veterans Benefits Administration. The VA appeals process is set in law and is different from other judicial appeals processes. Find out how to file an appeal.
CraveBox Healthy Care Package
Whole Foods Market
Schwans
Grocery and Gourmet Food Store at Amazon
Food Delivery Online - Deliver Near me All-in-one
Answers to your questions on stimulus checks
Are seniors on Social Security or
veterans on disability eligible?
VA launches online patient portal for veterans
The U.S. Department of Veterans Affairs
announced the launch of an online patient portal
this month that will provide service veterans
with digital access to their patient statements.
Veterans get more banking options,
Some veterans may have better access to banking now, through a partnership between the Department of Veterans Affairs and the Association of Military Banks of America.
Google Tracks You
and we don't.
DuckDuckGo apps block
Google's hidden trackers.
The world needs an alternative
How to ensure seamless care while traveling
Drew Early Veterans Law Attorney
Graduate of the US Military Academy, West Point
Adjunct Professor - Emory University Law School
20 Years Army Service - Airborne - Explosive Ordnance Badge
Free Case Review - Nationwide Representation
BVA/DRO Appeals - Fiduciary & Caregiver Issues, Trusts, Wills
Appeals of Veterans & Survivor Claims
(770) 939-1939
Medical Marijuana Card
Tell the doctor you saw it on VAWatchdog
and ask about veterans discounts!
Why Getting a Diagnosis Matters
A diagnosis does so much more than get noted in your medical history. It also can help you apply for programs like Social Security Disability and medical marijuana cards. And maybe even more importantly, it can help you explain yourself to friends, colleagues and family.
Call before visiting your VA facility
Free Veteran resources through PATRIOTlink
and Coronavirus updates
You Ready???
Are you aware that Amazon will deliver groceries to you? And often enough they beat in-store prices?
Don't worry that you forgot the dog food.
Shop on!
A coronavirus outbreak aboard an aircraft carrier is one of
the possibilities facing the US military
How would the Navy react if a sailor aboard a large ship such as an aircraft carrier tested positive for the coronavirus?
'How To Lie With Statistics'
Robert Wilkie <robert.wilkie@va.gov> 855-948-2311
One More Reason You Need An Independent Medical Opinion
VETERANS BENEFITS ADMINISTRATION
Accuracy of Claims Decisions Involving Conditions of the Spine
How To Get Urgent Care For Free
You are authorized urgent care but you must be prepared!
Create or update your will fast / 100% free
Make your will with FreeWill today
Healthcare directives,
proxies, living wills and durable financial power of attorney.
All are free to use.
What You Should Know about Disability and Debt
There Are Protections...When it comes to debt collection, disability income enjoys special status.
Your state runs County Veterans Service Offices
for you and they're working today.
An IMO by an expert often makes the difference!
For Better Brain Health, Preserve Your Hearing
Hearing loss is the largest modifiable risk factor for developing dementia, exceeding that of smoking, high blood pressure, lack of exercise and social isolation.
Urgent Care Centers
One of the most important benefits you have today is
the authorization to use an urgent care center
near to you. But first, you have to
to take with you. Don't wait until you need this
benefit to prepare for it. Read this now,
print your papers and be prepared!
Download VA benefit letters
To receive some benefits, Veterans need a letter
proving their status.