VA(vetadmen) benefits and dk

[bigtim6656]

Does VA disability benefits count on the means test

[tcreegan]

Hi bigtime,

Congress in their infinite wisdom specifically mentioned soc. sec. benefits but not VA benefits. I have seen courts rule that b/c VA benefits are not mentioned, they have to be included in means-test income; but unfortunately I have not seen the arguement that VA benefits are essentially the same as soc sec benefits, just issued from a different agency.

Now it is clear that all your $$ in the bank from VA benefits is exempt from the BK

Title 38 Chapter 53 § 5301(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.

I would look for an attorney who knows how your local court/trustee handles VA benefits.

Tom in Colo