The A - Z Guide: Veterans VA Disability Benefits
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Fleeing Felons
(Fugitive Felons)
Read 38 C.F.R. § 3.665 Incarcerated beneficiaries and fugitive felons—compensation.
Read Two Experiences
Read Fast Letter 08-29
Now that you understand your status as a fleeing felon, you have work to do.
We'll assume that as in most instances, the court has no interest in pursuing this or to try to have you extradited for appearance.
You must find a friendly Public Defender or retain a lawyer in the court that the warrant is issued from.
You must then ask the PD or your lawyer to move the judge to quash the warrant nunc pro tunc to 1/1/2001.
Nunc pro tunc is a common legal term, Latin for "now for then." Refers to acts done after the time they should have been done, but given retroactive effect.
You can explain a little background on why quashing needs to be nunc pro tunc to early date so that the PD can explain to the judge.
Pretty simple, VA views that any period after enactment of the governing statute (The fugitive felon statute became effective in 2002, but why not have a little margin?) when a warrant was effective is counted against the vet, whether or not he knew about it or could do anything about it (as in your case).
Any quashing that does not work retroactive still allows VA to keep any withheld funds and generally give you a hard time.
This is usually a very informal matter that any lawyer or PD can take care of for you.
Once you have that order quashing the warrant effective 1/1/2001, have some certfied copies made and give one to the SSA folks and if and when VA raises the issue, have one for them.
That'll do it. This is the only effective way I'm aware of to deal with these things.
