You may have not fully read title 38 section a: This is it as follows:
USC, Title 38, Section 5301 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.
I did not ask about garnishment of benefit. I ask about protection of VA Benefits being exempt in Chapter 13 & 7. Here is my understanding:
Veterans' service-connected disability compensation is intended to financially compensate a military veteran disabled in the line of duty. This compensation is not an asset, or property, and should not be used to calculate a veteran's net worth. Disability compensation is awarded to a veteran that has lost some/all physical or mental ability to work, or maintain a daily routine. Veteran's disability compensation is tax exempt and not classified as ‘income' by the IRS. VA disability compensation is non-transferable and cannot be awarded to a third party under any legal process whatsoever. Even after the veteran has deposited these funds into their personal bank account they are federally protected from attachment or seizure. Disability compensation belongs solely to the disabled veteran that has suffered the disability.
Does this law have to state specifically "exempt from bankruptcy"?
Is this part of the law not clear enought "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".
If not, what does "by any legal or equitable process" mean"? Isn't the Chapter 13 & 7 a legal or equitable process?
All the legal opinions that I have found have been wishie washie. They end with the advice "check with a lawyer, with the bar association, with your congressman, with VA and so on & on". Well that is what exactly I have been doing.
Since I am not a renowned Judge, Lawyer or Law Maker, my interpretation of the intent of the law is meaningless.
Is there anyone with out there with the legal credentials & respect that can help not only me but all veterans?