State Courts Declare Open-Season on Veterans’ Disability Compensation

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 MILITARY DIVORCESelf-serving attorneys and judges have found ways to circumvent federal laws that prohibit third party awards of veteran’s benefits.
by Jere Beery 

 

"Ah, yes, divorce … from the Latin word meaning 'to rip out a man's genitals through his wallet.'”–Robin Williams

 

Please allow me to take you on a brief journey. Try to imagine yourself as one of the many wounded military personnel (Man, or Woman) currently recovering from their combat injuries at Walter Reed or Brook Army Medical Center. Let’s pretend that you are a survivor of an RPG attack that has left you disfigured and disabled. Let’s say you have spent months in the hospital recuperating and in physical therapy. You have been awarded one of this nation’s highest awards for your service and sacrifice, the Purple Heart Medal. Your doctors tell you that you will be in some pain and on medications for the rest of your life, and that your disfiguring scars will fade a little with time…

     

Your body has become immune to your pain medications, and you are forced to just ‘deal with it’. Sleep is the only relief you have. When you can finally fall asleep, your body jerks violently waking you back up. Every time you close your eyes it is as if you were reliving/replaying the entire RPG explosion in your dreams over and over again. Your subconscious mind tries to convince yourself that ‘this time’ you will somehow jump out of the way of the rocket and not be hurt. But, when you are startled awake, the pain and discomfort reveals the ugly reality. On one hand you are extremely grateful to be alive, and on the other hand, you question your survival. You don’t yet understand that your wounds are both physical and emotional and that the physical and mental scars from your near-death experience are very deep and will follow you throughout your life until the day you die. 

 





Now, allow me to elaborate even further. Let’s say your injuries qualify you for service-connected disability compensation from the Department of Veterans Affairs, and you receive a tax-exempt monthly disability check from the VA. And let’s say, in spite of your scars and disabilities, you are fortunate enough to find a mate and marry. Now, imagine your marriage decaying over several years to the point of divorce because your spouse no longer wishes to live with your jumping in your sleep. You are totally disabled and unable to work, and your only source of livelihood is your VA disability check. You provide the divorce court with a sworn financial statement that substantiates that your VA check is your only cash source and you have no other assets. The next thing you know, a civil court judge has awarded half of your VA disability compensation to your able-body non-military ex-spouse in the form of alimony, or spousal support. Your attorney advises you that there is nothing you can do about it, and withdraws from your case. You can’t afford to retain another lawyer, so you are faced with four basic decisions;

(1). Just shut up and pay the court order, or go to jail and then pay the order anyway.

(2). Find a pro-bono attorney to file an Appeal and fight for your earned veteran’s disability compensation.

(3). Leave the state and never return.

(4). Blow your brains out.

Sound far fetched? Not at all, in fact similar scenarios unfold in divorce courts nationwide everyday. Self-serving attorneys and judges have found ways to circumvent federal laws that prohibit third party awards of veteran’s benefits. The VA and our politicians turn a blind eye towards these civil courts as they wrongly interpret veteran’s disability compensation as a divisible marital asset. 

 

Operation Firing For Effect (OFFE) is currently monitoring over two dozen cases in several states where disabled veterans are forced to pay alimony from their VA disability compensation or go to jail for contempt. In several of these cases totally disabled veterans have been jailed for not voluntarily giving up their VA disability compensation to a third party.   

 OFFE points to United States Code, Title 38,  section 5301(a), which reads in part; Payments 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’.    

It is very clear what Congress intended when they wrote this legislation, and their wording leaves no gray area. Congress intended to totally protect veteran’s disability compensation from the greedy hands of anyone using these funds as a divisible consideration in any/all court proceedings in the land. Congress wanted to insure that a person that was injured in the line of duty was the sole recipient of their earned disability compensation, and that these tax-exempt funds not be diverted to an ineligible able-body non-military person.

 

lkh_400Last Friday, November 17, 2007, Vietnam combat disabled veteran Calvin Murphy was ordered by Michigan Circuit Court Judge, James Batzer to pay his ex-spouse $800 a month until she remarries from his disability compensation, and Murphy was also ordered to pay his ex-wife’s attorney fees amounting to an additional $3000. According to sworn testimony from the former Mrs. Murphy, she could no longer live with Mr. Murphy and his combat-induced Post Traumatic Stress Disorder. She simply did not want to live with him any more. There were no claims of spousal abuse or infidelity    made by Mrs. Murphy, and the Murphy’s have no minor children. At one point, attorney Connie Krusniak argued that Mrs. Murphy has suffered from Mr. Murphy’s PTSD bouts just as much as her husband has, and therefore she was entitle to a portion of Mr. Murphy’s VA disability compensation. Mr. Calvin Murphy was accused in open court of ‘romanticizing’ his combat military service in an attempt to avoid paying alimony. At another point in the testimony, Mr. Murphy’s attorney, Wendy Divozzo provided the court with certified receipts showing that Mrs. Murphy had a gambling habit and she had lost over $24,000 at one local casino since the Murphy’s had been separated. Judge Batzer refused to accept the argument that Mr. Murphy’s VA disability compensation was protected by federal statue and he ordered Mr. Murphy to pay or go to jail. Calvin Murphy is appealing the decision. However, to avoid being jailed in the meantime, Murphy has to pay the court order until his Appeal is heard. So, even if he wins his Appeal in the future, he loses a great deal of his earned veteran’s disability benefits now.

 

It doesn’t take a rocket scientist to see what is happening here. Divorce lawyers and civil court judges have found a ‘cash cow’ in veteran’s disability benefits and they are milking it dry. Many attorneys incorrectly think VA disability compensation funds are exactly the same as any other military retirement pay issue, and therefore divisible in a divorce. Many attorneys see veteran’s disability compensation as a means for their client to pay their legal fees. Therefore, attorneys have a vested interest in targeting a veteran’s disability compensation. Everyone wins in the divorce, except the disabled veteran.  

 

Operation Firing For Effect and our team of veteran’s advocates nationwide have been watching this issue develop closely for some time now. We have contacted several federal agencies including the Department of Veterans Affairs. The VA claims that they are not a law enforcement agency and cannot enforce USC Title 38 in divorce courts. When we contacted several members of Congress, we were told that ‘they’ do not get involved in civil matters, nor do they interfere with the legal process in state family courts. When we contacted the Attorney General and Department of Justice, we were told judges cannot be held legally liable for their decisions; therefore, there is no violation of law. They suggested that ‘if’ a law had been broken, we should hire an attorney and prove it in the courts. OFFE has also contacted several national media outlets just to be told they only do stories on high profile celebrity divorces. Meanwhile, our combat wounded troops currently being nursed back to health at Walter Reed and Brook Army can take little comfort in the fact that their earned veteran’s disability compensation is not as protected as Title 38 suggest.

 

Calvin Murphy has pledged as long as his attorney sticks by him, he will take his Appeal all the way to the highest court in Washington DC if necessary.          

 

Operation Firing For Effect can provide supporting documentation on more than two dozen cases where a service-connected disabled veteran’s VA disability compensation has been calculated into his divorce settlement as a divisible asset. This includes cases involving amputees and wheelchair bound disabled veterans. Please direct all media inquires to; [email protected]   

 [NOTE: According Michigan Circuit Court Judge, James Batzer’s ruling in the Murphy divorce case, Mr. Murphy is to pay his ex-spouse $800 a month until she remarries. In other words, the former Mrs. Murphy can take another mate and as long as she doesn’t get ‘legally married’, she and her new mate will collect $800 a month, or until Mr. Murphy dies. That makes Judge Batzer’s ruling a ‘life time’ award.]

  

[Postscript: Recent statistics released by the Department of Veterans Affairs, the Department of Defense, and several national veteran’s service organizations reveal that divorce, homelessness, and suicides among former U.S. military personnel are considerably higher than national averages within the civilian population.] 

Jere Beery
National Public Relations Director
Operation Firing For Effect
www.offe2008.org

 


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Author Details
Although Jere Beery only served 4 years in the U.S. Navy, he has an impressive military history. Twenty seven months of that service was in the combat waters of Vietnam. His first duty station in 1965 was aboard the USS WESTCHESTER COUNTY, (LST-1167) as a Seaman. The WESTCHESTER COUNTY was involved in many operations within the combat waters of South Vietnam and received many awards and accolades for her service. The WESTCHESTER COUNTY was the recipient of 15 Battle Stars for her 19 years of service. LST-1167 was one of only 3 ships of her type to earn 15 Battle Stars (out of over 1200 LSTs built since before WWII). Beery’s second duty station in 1967 was with the legendary PBRs of the Brown Water Navy. As a volunteer, Beery saw combat on a fairly routine basis with this elite group and their high speed patrol craft. On March 1, 1968, Beery’s patrol was ambushed by a sizeable force of NVA and Viet Cong. The boat Beery was aboard took two direct RPG hits to her starboard side badly wounding four members of the boat’s crew. Seaman Beery was the most severely wounded and not expected to live. The first RPG had exploded right where Beery was standing as he manned his 50 caliber machine gun. To this day, Beery contributes his survival to the live-saving actions of his patrol officer, LT. RICHARD GODBEHERE and his other crew members. Beery spent the next year and a half hospitalized and recovering from his wounds. THE GODBEHERE PATROL On November 1, 1968, while Jere Beery was recuperating at NAS Hospital, Jacksonville, Florida, USS WESTCHESTER COUNTY was attacked on the My Tho river. At 03:22 in the morning two very large mines were detonated on the ship’s starboard side. 25 men were killed, 17 were ship’s crew. Several of the men killed that morning were friends and former shipmates of Beery’s. This incident has gone down in history as the greatest loss of life by the U.S. Navy in a single attack during the entire Vietnam War. USS WESTCHESTER COUNTY In mid-1969, Jere Beery was medically retired from the Navy. His service record reflects 1 Bronze Star, 3 Purple Hearts, and 5 military campaigns in Vietnam. Beery was also rated totally and permanently disabled by the Veterans Administration. Over the years since Vietnam, Jere Beery has attempted to do some things many thought impossible for someone with physical injuries such as his. During the early 80s, Jere Beery, as a member of the Screen Actors Guild pursued a brief career in the motion picture business as an actor. Beery landed a few small parts in a number of movies and television programs. On several occasions, to the amazement of many, Beery even executed his own stunts. In the 1986, Jere Beery gave up his career in the movies to crusade for his fellow veterans. Since that time, veteran’s rights advocate Jere Beery has been a noted driving force in the Veteran’s Rights Movement and effort to improve services for our veterans. Beery’s efforts have been extremely well documents and many articles have been written about his quest. A few of these articles can be found on this page. You can also type the words “Jere Beery” into any search engine to find out more about Beery’s efforts. www.google.com Jere Beery’s multifaceted story is truly an amazing one. From his survival in Vietnam, to risking additional injury executing stunts in the motion pictures, to fighting to protect the benefits earned by our troops, Jere Beery has forged his own trail and continues to amaze and baffle many. – Place and Date of Birth: Orlando, Fl – 03/13/48 – Raised: St. Augustine, Fl – Place & Date Enlistment: Jacksonville, Fl – 05/20/65 – Branch of service: U.S. Navy – Highest Rate/Rank: E4/PO3/Signalman Third Class – Duty Stations: USS WESTCHESTER COUNTY, LST-1167 and TF116, River Patrol Force, River Section – 511, (PBRs), Binh Thuy, RSVN – Date of Discharge: 5/14/69 – Type of Discharge: Honorable, Medically Retired – VA Rating: 100% Totally and Permanently Disabled Military Awards and Medals: – 1 Bronze Star – w/combat “V” Citation – 3 Purple Hearts – (1/5/68, 2/14/68, 3/1/68) – Vietnam Service Medal – w/1 Silver Star – (5 military campaigns in-country, RSVN) – Republic Of Vietnam Campaign Medal – w/1960 device – Combat Action Ribbon – Meritorious Unit Commendation Ribbon – Presidential Unit Commendation Ribbon – National Defense Medal – Republic of Vietnam Meritorious Unit Citation – Gallantry Cross Medal Color, w/Palm – Republic Of Vietnam Meritorious Unit Citation – Civil Actions Medal, First Class Color, w/Palm Military Training: – River Patrol Craft Training, (PBR), Mare Island, CA – Special Weapons Training, Mare Island, CA – J.E.S.T. (Jungle Environmental Survivor Training) – Cubi Point, Philippines – S.E.R.E. (Survival, Evasion, Resistance, Escape Training) – Whidbey Island, Washington State – Vietnamese Language – Mare Island, CA.
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