Disability Taken after receiving over 20 years

[Karen C]

I was receiving disability from the VA from 1991 until 2016, when in February 2016 I didnt receive my check.  I called the VA and was told that I have a warrant (unpaid court costs, misdemeaner) in PA (I live in New Mexico).  The warrant was from 2007; when I did live there, however, I was not aware that I even had this warrant.  And I was told by the VA rep on the phone that I was a "fleeing felon" according to the VA, and would not be getting my disability back.  So, I found on the Internet in Jan 2019, that the VA has a 5yr rule, 10yr rule, and so on.  So, I had been receiving my disability (40% rating) since 1991.  So, was the VA wrong or correct in taking my disability.  I cant see how they could legally take away my disability, for unpaid court costs, and that the warrant was from 2007.

[ewsieczka]

I'd call an attorney asap.

[GBArmy]

Karen C It is hard to find a straight answer. Try this VA site https://www.benefits.va.gov/persona/veteran-incarcerated.asp

Do you know what the amount of the cost are? I would contact the Pa. court system and find out how much it is,  and how to get out of this pickel. (I am making an assumption that the charges are valid and you owe them.) Can you set up a payment plan, or something. How long does it take if you pay the court costs off to get your record cleared, etc? With those answers, you are in a better position to talk to someone at the VA on what to do next. The referenced site talks about reducing, not stopping disability for a convicted veteran, so you may be able to receive SOME disability comp. Even taking out a loan makes more sense financially than not receiving any monthly payments, so you may have to start thinking along those lines. All this is going to take time and you will be without any checks coming in, so get on it. And, unfortunately, you may need a lawyer. You should know pretty quickly after you talk to the court. Good luck.

[broncovet]

Once you are convicted of felonies, you give up many rights.   You can get a lawyer, but I would not be suprised if felony convictions "trump" our rating protections to include the 20 year one.  

 

Our system gives us "due process", but when we dont do our part, we forfeit due process, such as not showing up for court dates.  If you had a compelling reason to miss that court date, then get some documentation, such as you were in the hopspital or injured or whatever.  

All this said, the courts have sometimes given leniency especially to PTSD/war Veterans.  Some areas have a seperate court system just for Vets.  

https://justiceforvets.org/what-is-a-veterans-treatment-court/

[Buck52]

I take it this veteran was never convicted?  VA is assuming he/she was.

Unless there's more to this story than we know?

Also VA Screwed up by not sending the reduction proposal to this veteran, if they just cut  this veteran benefits without notifying the veteran and what the veteran must do to keep his/he benefits  then that's wrong on the VA Part. According to Law

If no arrest was made by law enforcement  then there's no conviction.

The norm is any convictions and incarceration of a veteran more than 60 days  then yes his benefits will be severed. no matter how long he/she has had the benefits ....there's no protection if a Veteran has been incarcerated over 60 days.

Something don't seem right here ??

[GeekySquid]

you need to read that link GBArmy provided.

Buck is spot on, if you have not been convicted of a felony they cannot take your money.

unpaid court costs on a misdemeanor charge hardly seem the stuff of a felony conviction in absentia. To convict someone of a felony in absentia usually takes a very serious issue and the court has to be convinced there is no chance the felon will be returned from some far-flung location, usually another country.

so something is wrong here.

further why are you waiting 3 years to ask for legal options? If the VA shorts my check by so much as a buck I am tap dancing on the Directors desk. It makes it seem as if there is more to this than you are telling us.

 

 

 

[broncovet]

If you are issued a summons, then you must appear on the court date specified, or else the Judge can declare you "guilty" for "failure to appear".  Buck is correct, something is not right here, but it could be explained by the Veteran's failure to appear in court, and the Judge could then enter a guilty verdict, because you did not appear.  

I have met people in the past who "failed to appear" and were judged guilty.  This can happen with things like serious traffic violations such as DUI, leaving scene of accident, and the like.  Your failure to appear to the judge is considered almost like an "admission of guilt", as you are not protesting the charges against you.  

You may be able to beat this, if you had a compelling reason why you didnt appear.  (Something like being hospitalized).  Remember, if you contact the court in advance, and you have something real important where that date wont work for you, you can ask them to change the date.  

Occassionally, this can be because you did not get notice, such as you moved and did not inform the court of a change of address.  

The VA expects YOU to inform them of change of address, it is your responsibility not the Va's responsibility to find you.  

If you did not inform the VA of your change of address, and VA mailed you a "proposal to reduce", and you failed to respond, then its on you.