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http:// https://www.businessinsider.com/ruben-gallego-military-veterans-benefits-stripped-capitol-insurrectionists-2021-3
I get the sentiment but don’t the courts decide sentences and punishments? Having a hard time squaring thisnin my head in an era when the Boston bombing terrorist and other criminals are going to get a COVID pay check.
I get the sentiment but don’t the courts decide sentences and punishments? Having a hard time squaring thisnin my head in an era when the Boston bombing terrorist and other criminals are going to get a COVID pay check.
Posted from http
Justice
Riots
Washington
Department of Veterans Affairs (VA)
Benefits
Posted >1 y ago
Responses: 2
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Lay response:
1. VA benefits are administrative and not directly legal in nature
2. Congressman Gallego wants states AG to decide interpretation along with federal
3. Punitive measures already exist for some benefits; Tim McVeigh, OKC bomber, has honorable discharge but was not buried in veterans cemetery based on legislation forbidding capital convictions from receiving the benefit
1. VA benefits are administrative and not directly legal in nature
2. Congressman Gallego wants states AG to decide interpretation along with federal
3. Punitive measures already exist for some benefits; Tim McVeigh, OKC bomber, has honorable discharge but was not buried in veterans cemetery based on legislation forbidding capital convictions from receiving the benefit
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Well nothing could be stripped unless they were found guilty or plead guilty to a charge. The judge will sentence someone based on sentencing guidelines per the law.
As of now: "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."
If it's overturned on appeal, the VA sends a retroactive payment. So there's already consequences for veterans convicted of felonies in one aspect.
Prisoners got covid relief checks last year under Trump too - and I saw not one conservative complain about it. So if it didn't upset you when Trump's administration did it, it shouldn't bother you now that prisoners get a check.
As of now: "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."
If it's overturned on appeal, the VA sends a retroactive payment. So there's already consequences for veterans convicted of felonies in one aspect.
Prisoners got covid relief checks last year under Trump too - and I saw not one conservative complain about it. So if it didn't upset you when Trump's administration did it, it shouldn't bother you now that prisoners get a check.
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SFC Casey O'Mally
So, yes... a prisoner should not be receiving disability pay, because they would be unable to work anyway. But it SHOULD be restored once they get out (as is current law).
I can completely understand removing SOME benefits, especially the ones designed to honor (as compared to compensate) such as military burial honors. But disability is COMPENSATION based on military service causing bodily damage and/or injury. Education benefits walk a gray line because they require an honorable characterization of service. Dishonorable actions AFTER service does not change the nature of the service already rendered.
It gets even trickier when it comes to state benefits - I do not pay for car registration, and I get greatly reduced property tax on my home due to my disabled vet status. Those are CLEARLY benefits designed to honor (so I would agree are fully open to being stripped) but they are also at the state level, so the federal government has absolutely NO BUSINESS telling the states to strip me of them. (Not that I am in danger - I was nowhere near DC on Jan 6, nor have I supported their actions.)
All in all, it is a mess. But, generally speaking, most of those benefits have already been earned. Future honors should be denied.
I can completely understand removing SOME benefits, especially the ones designed to honor (as compared to compensate) such as military burial honors. But disability is COMPENSATION based on military service causing bodily damage and/or injury. Education benefits walk a gray line because they require an honorable characterization of service. Dishonorable actions AFTER service does not change the nature of the service already rendered.
It gets even trickier when it comes to state benefits - I do not pay for car registration, and I get greatly reduced property tax on my home due to my disabled vet status. Those are CLEARLY benefits designed to honor (so I would agree are fully open to being stripped) but they are also at the state level, so the federal government has absolutely NO BUSINESS telling the states to strip me of them. (Not that I am in danger - I was nowhere near DC on Jan 6, nor have I supported their actions.)
All in all, it is a mess. But, generally speaking, most of those benefits have already been earned. Future honors should be denied.
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