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Va 21-527ez 2024 Form: What You Should Know

VETERANS' PROFESSIONAL LIABILITY FOR PAYMENT OF THEIR OVERSHARES BENEFITS.  The United States Constitution clearly states that Congress shall “make no law” that interferes with or diminishes a veteran's “civil rights.” This is true even if that law would provide benefits to a service-connected veteran. The U.S. Supreme Court in United States v. Wong Kim Ark made it clear in Wong Kim Ark, 549 U.S. ___. However, the high court in Puyallup Tribe of Indians v. Morton, 49 P.3d 1003 (Washington DC 2007) has held that Congress can regulate the conditions of veterans' participation in the Social Security Retirement System of the United States. This law provides that, “Section 2 of Act of Jan. 26, 1947 (43 U.S.C. 405, 408) authorizes the Secretary of the Treasury to revise certain rules relating to the Social Security system, which rules it shall prescribe by regulation.” In Veterans' Rights Lawsuit, 511 U.S. 833 (1994), the Supreme Court held that “Congress has the power to enact statutory provisions requiring certain persons to be covered as disabled veterans or to terminate their disability benefits. Congress, however, has not, as this Court noted in Puyallup Tribe of Indians v. Morton, supra, at 1014, `in the absence of a specific constitutional commitment to the contrary, been bound by the legislative decision.  Congress, however, has in numerous instances made decisions regarding the rights of people who have received Social Security benefits under the Veterans' Insurance Law, based on its general powers as a general legislature…and the broad power conferred by Article I, Section 8, clause 13, to set the terms and conditions of federal legislation. And, the Court has recognized that those rights are available to disabled veterans in these cases. [F]further, we will not hesitate to apply traditional reading of the Constitution and laws in cases involving constitutional challenges to legislative action.  I'd. Thus, a veterans rights case like this one is a great example of how a case can be filed to protect the rights of disabled veterans from a violation of their federal constitutional rights.

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