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VA exemption for disabled vets

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  • VA exemption for disabled vets

    Does anyone know how much percentage of disability qualifies for this exemption. I cant find anything out searching around

  • #2
    Originally posted by jus1975 View Post
    Does anyone know how much percentage of disability qualifies for this exemption. I cant find anything out searching around
    All of it. 38 U.S.C. 5301(a)

    Payments of benefits under any law administered by the Secretary of Veterans Affairs, including:
    * Pension programs
    * Parents= dependency and indemnity compensation programs
    * Disability and death compensation
    * Dependency and indemnity compensation
    * Monetary educational assistance
    * Monetary benefits under training (including work study allowances) and rehabilitation programs
    * Special monetary benefits
    * Life insurance payments
    * Funeral and burial expenses
    * Financial assistance for adapted housing and automobile equipment
    * Minimum income widow
    * Special allowance under 38 U.S.C. § 1312
    * Attorney fees withheld from retroactive benefits for representation at the Board of Veterans Appeals
    * Clothing allowance
    * Apportionment funds
    * Accrued benefits
    * Child support withholdings
    * Reimbursements for travel, medical, rehabilitation, and health care related needs and activities
    § 5301. Nonassignability and exempt status of benefits

    (a)
    (1) 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. The preceding sentence shall not apply to claims of the United States arising under such laws nor shall the exemption therein contained as to taxation extend to any property purchased in part or wholly out of such payments. The provisions of this section shall not be construed to prohibit the assignment of insurance otherwise authorized under chapter 19 of this title, or of servicemen’s indemnity.

    (2) For the purposes of this subsection, in any case where a payee of an educational assistance allowance has designated the address of an attorney-in-fact as the payee’s address for the purpose of receiving a benefit check and has also executed a power of attorney giving the attorney-in-fact authority to negotiate such benefit check, such action shall be deemed to be an assignment and is prohibited.
    Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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    • #3
      wow,that was fast, thanks. where do you find this information. I have a few other things I would like to look for.
      Is there any other added benefit for being a disabled vet.

      Comment


      • #4
        Originally posted by jus1975 View Post
        wow,that was fast, thanks. where do you find this information. I have a few other things I would like to look for.
        Is there any other added benefit for being a disabled vet.
        The US Code can be viewed at http://www.law.cornell.edu/uscode/usc_sup_01_11.html

        Title 38, where the above quotes are from, covers veterans benefits. Title 11 covers bankruptcy. The trick is finding exactly what you need and then understanding it. Msbklawyer probably knows this stuff off the top of his head or knows exactly where in the code to search for what he wants.
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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        • #5
          Originally posted by jus1975 View Post
          wow,that was fast, thanks. where do you find this information. I have a few other things I would like to look for.
          Is there any other added benefit for being a disabled vet.
          I just went to the "Exemptions" tab on the software that I use, Bestcase. That showed me the code section.

          You can download a fully functional copy of Bestcase here: http://www.bestcase.com/

          This is the same program that most bk attorneys use and the demo version does everything the full version does except let you file electronically.

          I'm sure there are other veterans benefits, but I'm not familiar enough with the VA to tell you what they are. I am working with one vet as a client who just got a grant from the VA to make his house wheelchair accessible and to widen all the interior doors for his wheelchair, but that's about the extent of my contact with the VA.
          Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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          • #6
            will they send me a copy if im not an attornery

            Comment


            • #7
              You can download it for free online, jus1975.

              http://www.bestcase.com/download.htm
              ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
              Not an attorney - just an opinionated woman.

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              • #8
                Just download it. Anyone can. You don't have to be an atty.
                Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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