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.

[GeekySquid]

Bronco.

OP says these were misdemeanors.

Summons on failure to appear fir a misdemeanor should not convert to a felony guilty judgement

Thet will send dept collectors after you if you have not paid fines.

Something is wrong with the situation as described

 

[broncovet]

Geeky

    The OP posted:

Quote

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.

Of course, I have no idea if these were felonies or not.  This article explains that failure to appear can be "contempt of court" and involve severe penalties, similar to felonies:

https://blogs.findlaw.com/blotter/2014/10/failure-to-appear-in-court-what-can-happen.html

Its a bad idea not to take a judge seriously and not show up for ones own court dates.  

[paulstrgn]

Have you contacted the court in PA to see what is going on? Did a law in PA change to where your misdemeanor is now considered a felony? If it is as simple as paying court costs and a fine then you could overnight a money order to them to clear all of this up. If you need to fly there and clear this up it is well worth it to start receiving your VA check again. JMO

[GeekySquid]

1 hour ago, broncovet said:

Its a bad idea not to take a judge seriously and not show up for ones own court dates.  

I absolutely agree with that statement.

My point is that the OPs statement is all we are going on. They claim some person at VA called them a fleeing felon...in 2016...

Something is wrong with this.

A summons on a misdemeanor charge for not paying fines, if true, would be top headline state news these days as only poor people would likely be caught in that situation with any regularity.

It is my opinion that jumping deep into this before the op provides more info is a waste of time.

He has waited three years to find out why his compensation was taken away , that screams is there is more to this story

[Buck52]

Unfortunately  some people including veterans have way to much  time on there hands and tend to ''manufacture''  stories that is a attention get-er  ...I just don;t believe this story.

It's true we (Veterans)will lose our benefits if were incarcerated more than 60 days for what ever reasons... 

you get your little self lock up tighter than a cat's Behind  you will lose your benefits.

However after your release a veteran can be reinstated for benefits

I never knew this!!!

How Incarceration Affects Eligibility for VA Benefits

VA can pay certain benefits to Veterans who are incarcerated in a Federal, State, or local penal institution; however, the amount depends on the type of benefit and reason for incarceration.

Disability Compensation

VA disability compensation payments are reduced if a Veteran is convicted of a felony and imprisoned for more than 60 days. Veterans rated 20 percent or more are limited to the 10 percent disability rate. For a Veteran whose disability rating is 10 percent, the payment is reduced by one-half. Once a Veteran is released from prison, compensation payments may be reinstated based upon the severity of the service connected disability(ies) at that time. Payments are not reduced for recipients participating in work release programs, residing in halfway houses (also known as "residential re-entry centers"), or under community control. The amount of any increased compensation awarded to an incarcerated Veteran that results from other than a statutory rate increase may be subject to reduction due to incarceration.

[GeekySquid]

18 minutes ago, Buck52 said:

Unfortunately  some people including veterans have way to much  time on there hands

You're spot on there.

If the OP will fill in the blanks maybe we can find a way to help, but it just reads so odd the way it is