PRESS RELEASE #22
PVA Calls for Veteran’s Benefits Protection
Staff Writer - Rick Townsend
11/29/04
One of the country’s best known veteran’s service organizations calls for benefits protection. The Paralyzed Veterans of America have voiced concerns about shortfalls in laws established to protect veteran’s benefits against claims of third parties. According to information provided at WWW.PVA.ORG under the heading “Benefits Programs, Other Suggested Benefits Improvements”, the PVA puts their finger on a problem facing this country’s disabled veterans. For the sake of accuracy, below is the PVA’s statement in its entirety.
Restoration of Exemption from Court-Ordered Awards to Former Spouses: Thought interpretation of the law to suit their own ends, the courts have nullified plain provisions protecting veterans’ benefits against claims of former spouses in divorce actions.
Congress has enacted laws to ensure veterans; benefits serve their intended purposes by prohibiting their diversion to third parties. To shield these benefits from the clutch of others who might try to obtain them by a wide variety of devices or legal processes, Congress fashioned broad and sweeping statutory language. Pursuant to 38 U.S.C. §5302(a), “[Payment of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.]”
Thus, while as a general rule an individual’s income and assets should rightfully be subject to legal claims of others, the special purposes and special status of veterans’ benefits trump the rights of all other except liabilities to the United States Government. Veterans cannot voluntarily alienate their rights to veterans’ benefits. The justification for this principle in public policy is one that can never obsolesce with the passage of time or changes in societal circumstances.
However, unappreciative of the special character and superior status of veterans’ rights and benefits, the courts have supplanted the will and plain language of Congress with their own expedient views of what the public policy should be and their own convenient interpretations of the law. The courts have chiseled away at the protections in 5301 until this plain and forceful language has, in essence, become meaningless.
Various courts have shown no hesitation to force disabled veterans to surrender their disability compensation and sole source of sustenance to able-bodied former spouses as alimony awards, although divorced spouses are entitled to no veterans’ benefits under veterans’ law. The welfare of ex-spouses has never been a purpose for dispensing veterans’ benefits.
We should never lose sight of the fact that it is the veteran who, in addition to a loss in earning power, suffers the pain, limitations in the routine activities of daily life, and the other social and lifestyle constraints that result from disability. The needs and well-being of the veteran should always be primary, foremost, and overriding concern when considering claims against a veteran’s disability compensation. Disability compensation is a personal entitlement of the veteran, without whom there could never be any secondary entitlement to compensation by dependent family members. Therefore Federal law should place strict limits on access to veterans’ benefits by third parties to ensure compensation goes mainly to support veterans disabled in the service of their country. Congress should enact legislation to override judicial interpretation and leave no doubt about the exempt status of veterans’ benefits.
Recommendation: Congress should amend 38 U.S.C §5301(a) to make its exemption of veterans’ benefits from the claims of others applicable “notwithstanding any other provision of law” and to clarify that veterans’ benefits shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever “for any purpose.”
Veteran’s rights advocates Jere Beery and Dale Van Luven have been directly affected by the issue of VA disability compensation used as an asset in divorce settlements. Van Luven is currently incarcerated in Nashville Tennessee for refusing to pay alimony based on his veteran’s benefits. Beery has also stated he will not honor a Georgia court order to use his VA disability compensation to pay alimony. “The PVA is a great organization and I commend them for their stand on this very important issue. However, I personally think 38 U.S.C. §5301(a) is already extremely clear in its language and intent. The problem Van Luven and I face is getting someone to enforce the Federal laws that already exist,” Beery stated. “If you read the PVA statement very carefully, you will see their recommendation is actually that the letter of the existing federal law be followed. The PVA has added no new wording here,” Beery added.
Both Beery and Van Luven feel their efforts to bring national attention to this problem is at the root of the PVA’s statement. For the past 10 months Beery and Van Luven have been very public with their fight to protect VA disability compensation from the clutches of state judges who have based alimony awards on earned veterans’ benefits. “Although we are not directly mentioned by name, I’m certain Van Luven and I have contributed directly to the PVA’s public statement. We have been advised by several of the other NVSOs that they do not get involved in civil matters and cannot assist us in our personal legal battles. But, I do believe the PVA has legitimized our plight by recognizing the real issue here. Now it will be interesting to see what other national veterans service originations follow the PVA’s lead and publicly comment on this injustice,” Beery stated.
The Van Luven family is hoping Dale Van Luven will be released from jail by December 3rd, however Van Luven’s court order indicates unless he complies with the original divorce decree and pay more than $6000 in back alimony payments, he may be imprisoned for 90 more days.
If you care
to write to Dale Van Luven, please use this address:
DALE VANLUVEN #209919
Correctional Work Center
448 Second Avenue North
Nashville, TN 37201
Link to PVA “Benefits Programs, Other Suggested Benefits Improvements”
http://www.pva.org/independentbudget/pdf/IB_05_benefits.pdf
For the entire story, visit
WWW.JEREBEERY.COM
Jere Beery –
jerebeery@aol.com
Dale Van Luven family -
vietna467@aol.com
Click Here For "VAN LUVEN Defense Fund" Information