Gene Simes National Chairman OFFE GENES INTRODUCTION p

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 Gene Simes, National Chairman, OFFE

Gene Simes, National Chairman, OFFE

GENE’S INTRODUCTION – p 1 I stand here, again, a severely wounded, blinded, Marine

GENE’S INTRODUCTION – p 1 I stand here, again, a severely wounded, blinded, Marine combat Veteran that served 3 tours in Vietnam. I stand alongside the OFFE grassroots committee that supports our 22 States organization. We Veterans will make America Great Again! Before I begin, I would like to thank Congressman John Katko from New York and his staff, for reserving OFFE the privilege of using this Gold room of the Rayburn. I am also grateful for the honesty of the U. S. representatives who have supported us, for those members that were requested by the OFFE committee to be present today, and for the need of President Donald Trump to hear our voice’s through. You who are presently seated here as requested by OFFE, thank you. OFFE/VFVC, is requesting, by way of this forum, to meet with the President of the United States of America, Mr. Donald Trump, and I am asking for your support to make this happen. The reason is simple. We are fed up, sick and tired, with the current Department of Veterans Affairs, DVA, and its disingenuous leadership that has led its administration to neglect while it proclaims, at great expense, that it is doing good. Actions speak louder than words.

GENE’S INTRODUCTION – p 2 If the Secretary of Veterans Affairs would take a

GENE’S INTRODUCTION – p 2 If the Secretary of Veterans Affairs would take a lesson from the few within the VA system who do not receive bonuses each year, there may be a way of improving this broken and neglected healthcare system facing each and every man and woman that have served and are now serving. The VA is claiming that it is “serving those who have served” but that’s far from the truth. As you will hear today, there is evidence of corruption and fake bonuses being paid to directors, high-profile managers and their staff that feed to and from the manipulation of policy caused by non-veteran, non-federal, special interests, including the State courts overlooking Veteran divorce and bankruptcy cases. Meanwhile, the DVA allows the rule of federal law to be abused and broken, thereby, ignoring the President’s directive to make the VA a quality healthcare system for those that have served. DVA's negligence adds another insult upon insults to Veteran healthcare as it creates overwhelming delays in timely appointments and contributes to a percentage of wrongful death and suicide among Veterans. Why is this? Are the eyes and the mind of this Veteran Marine so decomposed that what I see and feel is false to me? Will this be the future direction and way of treatment for each and every Veteran? EXAMPLE : Wrongful death and symbolic suicide reported at VA facilities in Long Island, North Carolina, Arizona and Colorado, to those living outside of these states it may not mean nothing but to those representatives that our tax dollars go to pay their respective salaries, the broken hearts of a Veteran's loved ones must mean everything. Unfortunately, it does not because the situations continue.

GENE’S INTRODUCTION – p 3 With that heartache more personal memorial days are created

GENE’S INTRODUCTION – p 3 With that heartache more personal memorial days are created but DVA's dishonesty, false solutions and lack of thorough investigations hide the deep-rooted facts you are about to hear. Not to exclude the Secretary of the Department of Veterans Affairs, Dr. David Shulkin, from this example, he condones the selling and leasing of land resources throughout the states that quality treatment, especially mental health, demands. West Los Angeles, the crown jewel, was rightfully donated by proud patriots to enrich the lives of those who have given the near-ultimate for our nation's freedom. It has been totally dismantled. Dr. Shulkin, as Secretary of the Department of Veterans Affairs, your office disregards and neglects the homeless and helpless Veteran but you’ll beat the drums for your achievements in the eyes of the American public, while the President holds you in high regard. We still face the failures of those who we trusted with our votes and the majority of the US. Representatives, 99% non-veteran, who once championed Veterans have now earned the title of "kneelers". They say these word under their breath, "We are proud to stand beside you while we pin this medal of gallantry upon your chest but please remember that we will forget you!“ We are the warriors who raised the American flag for Freedom, that must be our only interest. Why do I make these statements?

GENE’S INTRODUCTION – p 4 If our brother Tom Pridell was still with us

GENE’S INTRODUCTION – p 4 If our brother Tom Pridell was still with us he would say because all have disrespected and dishonored the oath of office of their elected positions. OFFE research reveals that certain representatives have abused their privilege and our votes. They were hired by the American people but they work for special interests. Another observation, it is apparent that certain representatives welcome the photo opportunity in the company of a person who has served, more so if disabled, or in the presence of a sobbing parent who has lost a loved one to suicide. This makes them feel good but once they have capture the media they forget you. This power point presentation will deliver the facts with truth. Thank you for attending. I have no apologies for my words, for I have been here many times over with my committee but with no improvements to the issues that we’ve brought in this presentation. Today, each OFFE member will present the symptoms of the larger wrongdoing, the willful negligence by DVA ignoring the life and death issues that face Veterans, and, the intentional exclusion of the grassroots Veteran advocate. Here, I will thank Congressman North who helped sponsor this presentation. Please welcome Mr. Paul Dionne to the podium

OPERATION FIRING FOR EFFECT, INC. Gene D. Simes, President Presents Whistle Blowers Exposing •

OPERATION FIRING FOR EFFECT, INC. Gene D. Simes, President Presents Whistle Blowers Exposing • Problems: • Negligence of the Department Veterans Affairs, Congress, and Senate • They have disregarded, overlooked and mismanaged the Veterans Health Care System of the United Stated of America Goal: • Investigate the issues brought before you by OFFE and hold accountable those who have not maintained their promise to uphold their appointed duties as Federal Service Agents. Objective: • Release the Secretary of Veterans Affairs and all current Directors from their appointed positions for their mismanagement and failure to fulfill their appointed duties.

Manchester VA Medical Center Withholds Medical care By David Anthony Woody (3406) US Navy

Manchester VA Medical Center Withholds Medical care By David Anthony Woody (3406) US Navy Chief Petty Officer (Ret. )

Manchester VA Medical Center Withholds Medical care to whistle Blower Veterans Statements of Tony

Manchester VA Medical Center Withholds Medical care to whistle Blower Veterans Statements of Tony Woody, US Navy, ADC (Honorably Retired) BEDFORD, MA. — The Department of Veterans Affairs is pleased to announce the appointment of Tammy A. Krueger as the new director of Manchester VA Medical Center. Krueger will oversee a comprehensive healthcare system classified as a Complexity Level 3 facility that provides care to approximately 23, 000 unique Veterans from Eastern New Hampshire, with an operating budget of $135+ million.

David Anthony Woody (3406) US Navy Chief Petty Officer (Ret. ) I retired from

David Anthony Woody (3406) US Navy Chief Petty Officer (Ret. ) I retired from the Navy in 1997 after 22 years of honorable service. My entire military career was spent flying in the Navy’s long range patrol P 3 Orion aircraft. I was a qualified P 3 Orion Flight Engineer at only 21 years old and ultimately logged over ten thousand flight hours. I was also the Senior Instructor Flight Engineer Evaluator and Model Manager for the EP 3 Surveillance and Reconnaissance Squadron Fleet where I held a TS/SCI security clearance while managing the training program for the entire EP 3 FE community. During my career I also volunteered to be a live human test subject testing new suits designed to protect troops from chemical or biological attack when I rode in the Dynamic Flight Centrifuge simulator and the Ejection Tower simulator often exceeding seven to nine G’s of force. Due to the collective extreme G-forces on top of the physical toll of twenty years of aircrew training I was awarded the 100% Permanent & Total disability rating in 2004, due to severe chronic pain. All of my injuries are service connected except for recent injuries sustained in a severe car accident on my 60 th birthday last May.

David Anthony Woody (3406) US Navy Chief Petty Officer (Ret. ) Please understand all

David Anthony Woody (3406) US Navy Chief Petty Officer (Ret. ) Please understand all I ever wanted was timely access to Chiropractic and Acupuncture care so I don’t live in excruciating tortuous pain, or have to take powerful and addicting narcotics. I was living drug free and I wanted to stay that way. My evidence will show Dr. Schlosser, via nefarious manipulation of illegal bureaucratic tactics, subterfuge and outright lies; weaponized my own chronic pain to punish me for being a whistleblower and for fighting to have my pain care regimen restored against his will. Below is a list of the barriers encountered over the last seven years when I tried to get or keep timely access to pain management care at VAMC Manchester, NH. The package of evidence provided to the House and Senate, when scrutinized in detail, will prove beyond all reasonable doubt numerous serious malpractice and assault crimes have been committed against me.

David Anthony Woody (3406) US Navy Chief Petty Officer (Ret. ) 1. Records prove

David Anthony Woody (3406) US Navy Chief Petty Officer (Ret. ) 1. Records prove I was unlawfully and intentionally deprived of chiropractic, acupuncture, massage therapy and or medications for pain management several times since 2010. 2. My pain meds were suddenly stopped forcing me to go cold turkey because of the failure of the VA to provide controlled detox back in 2011 and I was tortured for weeks on end. 3. Records prove Dr. James Schlosser illegally cancelled the clinically reviewed and indicated pain management treatment regime ordered by my VA Primary Care Physician in April 2017. Dr. Schlosser’s unethical illegal actions later caused me to become suicidal due to extreme tortuous pain in June, 2017. Dr. Schlosser did this knowing I was at my most vulnerable moment and in severe physical pain due to recent injuries sustained in an automobile accident so severe that it totaled two cars. 4. Dr. Schlosser violated my civil rights, patient rights and administrative due process rights by ignoring paragraph “ 2. e)” in the VHA Hierarchy of Care Memo clearly establishing those rights and is still current VHA policy today.

David Anthony Woody (3406) US Navy Chief Petty Officer (Ret. ) 5. Records will

David Anthony Woody (3406) US Navy Chief Petty Officer (Ret. ) 5. Records will show Dr. Schlosser attempted to tamper with a New Hampshire State Licensing Board investigation. Via FOIA legally acquired evidence I have a chain of Dr. Schlosser’s own “smoking gun” emails proving his attempts to Obstruct Justice. 6. His own emails also prove Dr. Schlosser slandered me to the NHSLB in his response letter to them accusing me of a felony saying I threatened to kill him, however my medical records show that never happened. Keep in mind he was under active investigation due his malicious actions against me and his intent was to make me look like “the crazy insane veteran” to the NHSLB investigator. 7. Internal emails and other VA records prove Dr. Schlosser mislead Dr. Panesar tricking her into submitting falsified consults to replace my PCP’s original pain management consult requests that were cancelled by Dr. Schlosser earlier. That action deprived me of pain management care and was contrary to what my VA doctor ordered. These actions caused me so much pain I panicked in fear and ultimately became suicidal because of those actions.

David Anthony Woody (3406) US Navy Chief Petty Officer (Ret. ) 8. Records from

David Anthony Woody (3406) US Navy Chief Petty Officer (Ret. ) 8. Records from my non-VA mental health provider Dr. Nicole Sawyer prove I was mentally and emotional traumatized after being physically assaulted by the actions of VAMC Manchester Chief of Staff that deprived me of the pain management care my doctor ordered. 9. Local police records will show the impact on my mental health was serious enough to cause police intervention due to my anger at Dr. Schlosser for creating barriers to access to the pain management regimen that worked so well I had been off all medications, including narcotics, for several years up to that point. 10. VAMC Manchester internal emails show VAMC Manchester Public Affairs Officer teaching three other top VAMC Manchester Administrators step by step instructions on how to read my emails “undetected” while preventing me from receiving an automated email return read receipt.

VETERANS NEWS TODAY DISCOVERIES IDENTIFIED VIA FOIA AND INVESTIGATIONS INTO OPERATION OF VARIOUS VA

VETERANS NEWS TODAY DISCOVERIES IDENTIFIED VIA FOIA AND INVESTIGATIONS INTO OPERATION OF VARIOUS VA FACILITIES BY PAUL DIONNE, EDITOR

ISSUES IDENTIFIED THROUGH INVESTIGATIVE REPORTING AS WELL AS INFO OBTAINED VIA FOIA • US

ISSUES IDENTIFIED THROUGH INVESTIGATIVE REPORTING AS WELL AS INFO OBTAINED VIA FOIA • US GOVERNMENT ENTERS INTO AGREEMENT TO ACCEPT LAND TO DEVELOP, AND MAINTAIN FOREVER, THE “DISABLED VOLUNTEER SOLDIERS HOME WEST OF THE ROCKY MOUNTAINS UNDER ACT OF 1887 • TOTAL OF OVER 851. 17 ACRES ARE STILL PART OF DEEDED LAND • Deed A was 300 acres given by John P Jones and Arcadia Bandini De Baker • • In 1899 20 acres of the above was returned to Santa Monica Land & Water Co. Deed B John Wolfskill gave another 300 acres Deed C Jones and De Baker gave an addition 235. 5 acres Deed D Roy Jones gave the last plot of 35. 67 acres VA CLAIMS THE TOTAL DEEDED PROPERTY IS LESS THAN 400 ACRES, SO HOW HAS THE REMAINDER OF THE PROPERTY MAGICALLY DISAPPEARED?

 • ERIC SHINSEKI, et al. , Defendants. v. GREGORY VALENTINI, et al. ,

• ERIC SHINSEKI, et al. , Defendants. v. GREGORY VALENTINI, et al. , Plaintiffs, Case No. 11 -CV-04846 -SJO (MRWx) The Honorable S. James Otero JUDGMENT UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA • JUDGMENT The Court, having considered Plaintiffs’ and Defendants’ respective Motions for Summary Judgment, the Administrative Record filed in connection therewith, any responses and replies thereto, and any oral argument thereon, and good cause appearing therefore, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the following agreements entered into by the Department of Veterans Affairs (“DVA”) concerning parcels of land facilities located on the DVA’s West Los Angeles Campus are unauthorized by law and therefore void: � The March 1, 2010 agreement with Brentwood Schools, and any amendments thereto; � The March 17, 2000 agreement for laundry services, which was assigned to Sodexho Marriot Laundry Services on May 10, 2001, and any amendments thereto; � The May 1, 2001 agreement with UC Regents, and any amendments thereto; � The August 10, 2006 agreement with Twentieth Century Fox Television, and any amendments thereto; � The August 24, 2007 agreement with Veterans Park Conservancy, and any amendments thereto; � The August 6, 2010 agreement with Westside Breakers Soccer Club, and any amendments thereto; � The July 15, 2002 agreement with Westside Services, LLC, and any amendments thereto; � The July 6, 2006 agreement with TCM, LLC, and any amendments thereto; � The filming agreements which the DVA has entered into with various third parties at various times; • The Court STAYS the enforcement of this Judgment with respect to these existing agreements pending the resolution of any appeal from this Judgment, or, if no party appeals this Judgment, for 180 days from the issuance of this Judgment. • IT IS SO ORDERED, ADJUDGED, AND DECREED. • Dated: August 29, 2013. • By: THE HONORABLE S. JAMES OTERO

LEASE ISSUES CONTINUED: • • • STEELEMENT REACHED (See Settlement dated January 28, 2016)

LEASE ISSUES CONTINUED: • • • STEELEMENT REACHED (See Settlement dated January 28, 2016) SEC. MCDONALD DEVELOPS MASTER PLAN NOT EXIT STRATEGY MCDONALD PUSHES THROUGH WEST LOS ANGELES LEASING ACT 2016 (FEINSTEIN/LIEU) MCDONALD MISUSES ACT OF 2016 TO CREATE NEW LEASES WITH MANY OF THE SAME ENTITIES LEASES REWORDED TO INCLUDE FICTITIOUS CLAIM THAT VETERANS AND FAMILIES BENIFIT Except for verbiage, many of the same trespassers are allowed to remain on land • TERMINATED LEASES: • SALVATION ARMY HOMELESS SHELTER Lease terminated without plans to house veteran occupants Veterans told to make their own arrangements for housing Certain veterans return to streets because of lack of VA housing • SODEXHO MARRIOT LAUNDRY SERVICES • TWENTIETH CENTURY FOX TELEVISION • TCM, LLC

LEASE ISSUES CONTINUED BRENTWOOD SCHOOL • ORIGINAL LEASE REACCOMPLISHED UNDER WLA LEASING ACT OF

LEASE ISSUES CONTINUED BRENTWOOD SCHOOL • ORIGINAL LEASE REACCOMPLISHED UNDER WLA LEASING ACT OF 2016 UNDER SAME STIPS AS PREVIOUSLY RULED UNLAWFUL. • ADDITION OF 22. 5 ACRE LEASE ALLOWS EXPANDING FURTHER ONTO GRANT LAND • LEASE STIPULATES VETERANS WILL HAVE ACCESS TO SOCCER AND SOFTBALL/BASEBALL FIELDS, BUT IN REALITY • EXPANSION DEPRIVES VETERANS ACCESS TO SOCCER AND SOFTBALL/BASEBALL FIELDS • VETERANS LOST USE OF OUTSIDE WEIGHT TRAINING AREA • LEASE STIPULATES VETERANS MUST HAVE ACCESS TO THE SOCCER AND BASEBALL/SOFTBALL FIELDS BUT THIS IS IMPOSSIBLE AS THEY WERE REMOVED BY BRENTWOOD SCHOOL EXPANSION! • NEW LEASE CAN NOT BE COMPLIED WITH AS THE FACILITIES ARE BURRIED UNDER THE RUBBLE CAUSED BY THE EXPANSION! VETERANS LOOSE MORE ACCESS TO THEIR DEEDED PROPERTY BUT BRENTWOOD SCHOOL MAKES OUT LIKE BANDITS!

LEASE ISSUES CONTINUED BRENTWOOD SCHOOL CONSTRUCTION/VEHICLE ACCESS • ADDITION OF 22. 5 ACRE LEASE

LEASE ISSUES CONTINUED BRENTWOOD SCHOOL CONSTRUCTION/VEHICLE ACCESS • ADDITION OF 22. 5 ACRE LEASE ALLOWS EXPANDING FURTHER ONTO GRANT LAND NEW LEASE CREATES ACCESS FOR CONSTRUCTION VEHICLES • CAUSES VETERANS TO BE EXPOSED TO POSSIBLE VEHICULAR COLLISSIONS • NO CONSIDERATION GIVEN TO HOW THIS COULD AFFECT VETERANS • POSSIBLE ISSUES WITH VETERANS EXPOSURE TO THE SMELLS, SOUNDS, AND VISUAL • EXPOSES PTSD AND COMBAT VETERANS TO POSSIBLE TRIGGERS • SMELLS/SOUNDS/AND VISUALS COULD CAUSE RELAPSE OF ISSUES • VA IGNORES POTENTIAL AS STUDENTS ARE EXPOSED TO DANGERS RELATING TO VETERANS EXPOSURE TO PTSD TRIGGERS AND POSSIBLE RELAPSE VETERANS LOSE MORE ACCESS TO THEIR DEEDED PROPERTY BUT BRENTWOOD SCHOOL MAKES OUT LIKE BANDITS

ISSUES IDENTIFIED THROUGH INVESTIGATIVE REPORTING AS WELL AS INFO OBTAINED VIA FOIA • US

ISSUES IDENTIFIED THROUGH INVESTIGATIVE REPORTING AS WELL AS INFO OBTAINED VIA FOIA • US GOVERNMENT ENTERS INTO AGREEMENT TO ACCEPT LAND TO DEVELOP, AND MAINTAIN FOREVER, THE “DISABLED VOLUNTEER SOLDIERS HOME WEST OF THE ROCKY MOUNTAINS"UNDER ACT OF 1887 • TOTAL OF OVER 851. 17 ACRES ARE STILL PART OF DEEDED LAND • Deed A was 300 acres given by John P Jones and Arcadia Bandini De Baker • • In 1899 20 acres of the above was returned to Santa Monica Land & Water Co. Deed B John Wolfskill gave another 300 acres Deed C Jones and De Baker gave an addition 235. 5 acres Deed D Roy Jones gave the last plot of 35. 67 acres VA CLAIMS THE TOTAL DEEDED PROPERTY IS LESS THAN 400 ACRES, SO HOW HAS THE REMAINDER OF THE PROPERTY MAGICALLY DISAPPEARED?

LEASE ISSUES CONTINUED SODEXHO MARRIOT LAUNDRY SERVICES • NEVER PROVIDED ANY SERVICES TO THE

LEASE ISSUES CONTINUED SODEXHO MARRIOT LAUNDRY SERVICES • NEVER PROVIDED ANY SERVICES TO THE VA OR FOR VETERANS • WHY WERE THE TRESPASSERS EVER GRANTED A LEASE? • VA AIDS IN THE UNLAWFUL USE OF DEEDED LANDS VA'S DIRECT ACTION CAUSE VETERANS TO LOOSE MORE ACCESS TO LANDS PROTECTED UNDER 1887 ACT

LEASE ISSUES CONTINUED • UC REGENTS(UC) (JACKIE ROBINSON STADIUM) • LEASE GIVES RENEWAL CONTROL

LEASE ISSUES CONTINUED • UC REGENTS(UC) (JACKIE ROBINSON STADIUM) • LEASE GIVES RENEWAL CONTROL TO UC NOT VA • ORIGINAL LEASE REACCOMPLISHED UNDER WLA LEASING ACT OF 2016 • VA CLAIMS VETERANS BENEFIT FROM SERVICES • LEASE LACKS MEANS TO MONITOR ACTUAL BENEFIT TO VETERANS • VETERANS PREVIOUSLY HAD UNRESTRICTED ACCESS TO BALL GAMES • LEASE STATES THE EXISTANCE OF SEATING ON THE HILL, BUT GATE IS LOCKED • LEASE REQUIRES VA TO PROVIDE 500 PARKING SPACES FOR STADIUM PATRONS VA CREATES LEASE CLAIMING THE VETERANS BENEFIT FROM THE SERVICES PROVIDED BY UCLA WHILE IGNORING THE SERVICES OTHER INSTITUTIONS PROVIDE TO VETERANS AT OTHER LOCATIONS VA CREATES PRECEDENT FOR OTHER SCHOOLS TO DEMAND LIKE BENEFITS!

LEASE ISSUES CONTINUED • UC REGENTS(UC) (JACKIE ROBINSON STADIUM) • LESSEE (UCLA SCHOOL OF

LEASE ISSUES CONTINUED • UC REGENTS(UC) (JACKIE ROBINSON STADIUM) • LESSEE (UCLA SCHOOL OF LAW) TO PROVIDE VETERANS LEGAL CLINIC BY AUGUST 1, 2017 (NOT OPERATIONAL) • LESSEE TO PROVIDE FAMILY HEALTH AND WELL BEING CLINIC BY AUGUST 1, 2017 (NOT OPERATIONAL) • LESSEE TO PROVIDE MENTAL HEALTH AND ADDICTION CENTER BY AUGUST 1, 2017 (NOT OPERATIONAL) • UCLA TO PROVIDE “IN-KIND” SERVICES, INCLUDING SALARIES/SERVICES OF • $9. 5 MILLION OVER 10 YEAR TERM OF LEASE. • VA PROVIDES BUILDING, UTILITIES, MAINTENANCE FOR FACILITY • SCHOOL IS USING OTHER NON-PROFIT DONATION TO FUND PROGRAMS • NEW LEASE PROVIDES NO MEANS OF MONITORING COMPLIANCE AND PROVIDES UCLA FAVORS FOR SERVICES PROVIDED FOR LIKE EDUCATIONAL FACILITIES AT OTHER VA FACILITIES, WHERE OTHER SCHOOLS ARE NOT GIVEN SAME FAVORS. • LEASE CREATES PRECEDENCE REQUIRING VA TO PROVIDE LIKE BENEFITS FOR OTHER EDUCATIONAL SCHOOLS PROVIDING STUDENT SERVICES THESE SERVICES ARE STILL NOT OPERATIONAL 120 DAYS AFTER REQUIRED OPERATIONAL DATE!

LEASE ISSUES CONTINUED VETERANS PARK CONSERVANCY (VPC) • ALLOWED TO HOLD FUND RAISING “CHAMPAGNE

LEASE ISSUES CONTINUED VETERANS PARK CONSERVANCY (VPC) • ALLOWED TO HOLD FUND RAISING “CHAMPAGNE BRUNCH” ON DEEDED PROPERTY • ALCOHOL WAS SERVED WHICH IS A VIOLATION OF VA REGULATIONS • 2007 – VPC and Department of Veterans Affairs (DVA) sign a 20 -year Enhanced Sharing Agreement for development of Los Angeles National Veterans Park on 16 -acre site at WLA VA. • HEWS Media Group speak to the fraud being perpetrated upon the veterans by VPC (http: //www. loscerritosnews. net/2014/07/11/veterans-park-conservancy-sham-executivedirector-of-vpc-earned-1 -1 -million-while-veterans-remain-homeless/) • VPC'S PURPOSE BROUGHT INTO QUESTION, • VETERANS CLAIM THE ORGANIZATION IS A “SHAM” • VPC'S LEASE TERMINATED AS NON-VETERAN CENTRIC VA DEFRAUDED VETERANS TO BENEFIT OF VPC AND LOCAL ELITES

LEASE ISSUES CONTINUED • REACCOMPLISHED LEASES • NO CHANGE IN SERVICES PROVIDED TO THE

LEASE ISSUES CONTINUED • REACCOMPLISHED LEASES • NO CHANGE IN SERVICES PROVIDED TO THE VETERANS JUST VERBIAGE OF LEASES • LEASES STILL FAIL TO MEET INTENT OF ACT ESTABLISHING HOME • LEASES FAIL TO MEET STATUTORY REQUIREMENTS UNDER 38 UNITED STATES CODE 8122 • MAXIMUM TERM OF LEASE IS THREE YEARS • “(A)(1) The Secretary may lease for a term not exceeding three years lands or buildings, or parts or parcels thereof, belonging to the United States and under the Secretary’s control. . ” • NOTICE OF INTENT TO CREATE LEASE MUST BE PUBLISHED IN LOCAL MEDIA • “(A)(1). . . Prior to the execution of any such lease, the Secretary shall give appropriate public notice of the Secretary’s intention to do so in the newspaper of the community in which the lands or buildings to be leased are located. ” • LEASE MUST STIPULATE THE MONIES RECEIVED ARE PROCESSED INTO THE DEPARTMENT OF THE TREASUTY • “(A)(1). . . The proceeds from such leases, less expenses for maintenance, operation, and repair of buildings leased for living quarters, shall be covered into the Treasury of the United States as miscellaneous receipts. ”

ISSUES IDENTIFIED THROUGH INVESTIGATIVE REPORTING AS WELL AS INFO OBTAINED VIA FOIA • CALVET

ISSUES IDENTIFIED THROUGH INVESTIGATIVE REPORTING AS WELL AS INFO OBTAINED VIA FOIA • CALVET IS GIVEN ACCESS TO DEEDED PROPERTYMCDONALD AND SHULKIN MISLEAD CONGRESS AND AMERICAN PEOPLE • INCORRECT LIST OF CURRENT ACTIVE LAND USE AGREEMENTS ACTIVE AND “EXPIRED” LEASES • BRENTWOOD ACADEMY (USE OF PROPERTY RULED IN VIOLATION OF ACT OF 1887) ACADEMY GIVEN 10 YEAR EXTENSION ALLOWED TO EXPAND NOT VACATE FICTITIOUS CLAIM OF BENEFIT TO VETERANS FOR USE OF WEIGHT ROOM AND POOL VETERANS LOST USE OF ONLY SOCCER FIELD ON WLA PROPERTY DEPRIVED OF USE FOR REHABILITATION AND EXERCISE VETERANS LOST USE OF ONLY BASEBALL/SOCCER FIELD DEPRIVED OF USE FOR REHABILITATION AND EXCERSISE CONSTRUCTION VEHICLES CROSSING PROPERTY EXPOSURE TO TRIGGERS RELATED TO PTSD AND COMBAT ISSUES FAILED TO CONSIDER EXPOSURE CAUSED ISSUES POSSIBLE SUICIDE INCREASED NEED FOR TREATMENT

LEASE CONTINUED NEW DIRECTIONS, INC • USE: ADDICTION TREATMENT AND COUNSELLING • BUILDING 115

LEASE CONTINUED NEW DIRECTIONS, INC • USE: ADDICTION TREATMENT AND COUNSELLING • BUILDING 115 • 50 YEAR LEASE EXPIRING IN 2045 • BUILDING, UTILITIES, MAINTENANCE AT VA COST

LEASES CONTINUED BREITBURN ENERGY • ORIGINAL LEASE: 10 ACRES • CREATES REPLACEMENT SITE TO

LEASES CONTINUED BREITBURN ENERGY • ORIGINAL LEASE: 10 ACRES • CREATES REPLACEMENT SITE TO COMPENSATE FOR ORIGINAL BEING TAKEN TO RELOCATE 405 • LAND CONTAMINATED WHERE NOT RESTORABLE • LEASE FEES ARE 2. 5% PLUS 2. 5% ROYALTIES • LEASE STATES ROYALTIES OF 2. 5% PAID TO DISABLED AMERICAN VETERANS, LOS ANGELES CHAPTER (DAV-LA) • FOIA REPRESENTATIVE STATES MONEY GOES TO VA • LEASE STIPULATES DAV-LA GETS ROYALTIES, BUT RESOURCE DIRECTOR SAYS MONEY GOES TO VA, SO WHO TRUELY GETS ROYALTIES? • IS VA FUNDING AN NOT-FOR-PROFIT ORGANIZATION, DAV-LA LAWFULLY? • IF LEASE IS FOLLOWED, IT CREATES PRECIDENCE FOR ALL NOT-FOR-PROFITS TO BE FUNDED BY GOVERNMENT!

LEASES CONTINUED 1887 FUND • FOUNDED BY FAMILY OF FAMILY THAT DEEDED PROPERTY FOR

LEASES CONTINUED 1887 FUND • FOUNDED BY FAMILY OF FAMILY THAT DEEDED PROPERTY FOR “HOME” • ALLOWED TO USE SPACE TO COORDINATE REHABILITATION OF BUILDINGS: • • • Wadsworth Chapel (Building 20) Governors Mansion (Building 23) Superintendent's Home (Building 33) Hoover Barracks (Building 199) Trolley Station (Building 66)

LEASES CONTINUED 1887 FUND CONTINUED • BUILDINGS PROTECTED ASW PART OF THE ORIGINAL ACT

LEASES CONTINUED 1887 FUND CONTINUED • BUILDINGS PROTECTED ASW PART OF THE ORIGINAL ACT AS WELL AS AND HISTORICAL BUILDING ACT • SECRETARY SHULKIN PROPOSED SELLING PROTECTED BUILDINGS TO DECREASE COST • • BUILDINGS BEING REPAIRED AT COST TO 1887 FUND INTENTIONALLY MISLEAD CONGRESS ATTEMPTING TO MISLEAD CONGRESS AND CLAIMED TO NEED ADDITIONAL FUNDING TO REPAIR BUILDINGS ALREADY BEING REPAIRED BY 1887 FUND U. S. Government accepted property SOLELY for creation of “Disabled Soldiers Home West of the Rockies”

LEASES CONTINUED VETERANS HOUSING PARTNERSHIP, BUILDING 209 • 55 HOUSING UNITS • • 32

LEASES CONTINUED VETERANS HOUSING PARTNERSHIP, BUILDING 209 • 55 HOUSING UNITS • • 32 Studio One bedroom 4 Reserved for Bariatric patients 1 One bedroom resident manager

LEASES CONTINUED VETERANS HOUSING PARTNERSHIP, BUILDING 209 CONTINUED • VHP FUNDED HOUSING FOR VETERANS

LEASES CONTINUED VETERANS HOUSING PARTNERSHIP, BUILDING 209 CONTINUED • VHP FUNDED HOUSING FOR VETERANS AND THEIR FAMILIES • VHP RECEIVES MONEY FROM HUD/VASH • VHP PAYS VA $360 PER YEAR PER UNIT • 3% INCREASE PER YEAR

LEASES CONTINUED VETERANS HOUSING PARTNERSHIP, BUILDING 209 CONTINUED • 50 YEAR LEASE WITH UNLIMITED

LEASES CONTINUED VETERANS HOUSING PARTNERSHIP, BUILDING 209 CONTINUED • 50 YEAR LEASE WITH UNLIMITED 20 YEAR EXTENSIONS • PROVIDES PRIORITIZED HOUSING FOR THE FOLLOWING GROUPS: A. CHRONICALLY HOMELESS 55+ WITH MENTAL OR PHYSICAL HEALTH ISSUES B. CHRONICALLY HOMELESS FEMALE VETERANS C. HOMELESS VETERANS WITH FAMILIES D. COMBAT VETERANS E. VICTIMS OF DOMESTIC/DATING VIOLENCE OR STALKING See “WAITING LIST SELECTION PRIORITIES AND PREFERANCES” Section 6 NOTE: THERE ARE NO DOCUMENTED TIME LIMITS FOR OCCUPANCY RESIDENTS AND APPLICANTS NEED NOT VETERANS!!!

UNLAWFULL LEASES CONTINUED UCLA RECEIVES COMPENSATION FOR SERVICES PROVIDED FREE AT OTHER VA FACILITIES

UNLAWFULL LEASES CONTINUED UCLA RECEIVES COMPENSATION FOR SERVICES PROVIDED FREE AT OTHER VA FACILITIES • VA USES SERVICES BY UCLA STUDENTS TO JUSTIFY LEASES WITH THEM • VA PAYS STUDENTS A STIPENDS FOR THEIR SERVICES • VA OFFERS A LIMITED NUMBER OF SCHOLARSHIPS FOR STUDENTS • THE STUDENTS OBTAIN EXPOSURE THAT COULD RESULT IN EMPLOYMENT AT VA • JACKIE ROBINSON (UCLA) STADIUM: IN RETURN FOR SERVICES • MEDICAL STUDENTS RECEIVING “HANDS ON” TRAINING AT VA EXPENSE • STUDENTS PAID STIPENDS FOR SERVICES PERFORMED • STUDENTS GAIN PRACTICAL EXPERIENCE • STUDENTS GAIN POSSIBLE EXPOSURE LEADING TO VA EMPLOYMENT • LEGAL SERVICE FOR VETERANS AND FAMILIES • PROVIDED AS COMPENSATION FOR USE OF STADIUM PROPERTY • AS PART OF LUA TO BE UCLA FUNDED • FUNDED USING DONATIONS FROM AMERICAN LEGION POST

UNLAWFUL LEASES CONTINUED • BRENTWOOD ACADEMY • USE OF LAND DECLARED UNLAWFUL AS PART

UNLAWFUL LEASES CONTINUED • BRENTWOOD ACADEMY • USE OF LAND DECLARED UNLAWFUL AS PART OF CIVIL ACTION • ALLOWED TO EXPAND FURTHER INSTEAD OF VACATING LAND • ACTION IN VIOLATION OF SETTLEMENT UNLAWFUL USE OF VETERANS' “HOME” LAND • NO TRUE BENEFIT TO VETERAN EXCEPT VA POLICE AND VA VETERAN STAFF • ALLOWED TO EXPAND FURTHER • • TUMBLEWEED TRANSPORTATION (SCHOOL BUS OPERASTOR FOR BRENTWOOD SCHOOL) SALVATION ARMY TWENTIETH CENTURY FOX AMERICAN RED CROSS

LEASE ISSUES CONTINUED BRENTWOOD SCHOOL LEASE ISSUES • ORIGINAL LEASE REACCOMPLISHED UNDER WLA LEASING

LEASE ISSUES CONTINUED BRENTWOOD SCHOOL LEASE ISSUES • ORIGINAL LEASE REACCOMPLISHED UNDER WLA LEASING ACT OF 2016 USING NEARLY IDENTICAL STIPS AS PREVIOUSLY RULED UNLAWFUL • ADDITION OF 22. 5 ACRE LEASE ALLOWS EXPANDING FURTHER ONTO GRANT LAND • LEASE STIPULATES VETERANS WILL HAVE ACCESS TO SOCCER AND SOFTBALL/BASEBALL FIELDS, BUT IN REALITY • EXPANSION DEPRIVED VETERANS ACCESS TO SOCCER AND SOFTBALL/BASEBALL FIELDS • VETERANS LOST USE OF OUTSIDE WEIGHT TRAINING AREA • REQUIREMENTS OF VETERANS HAVING ACCESS TO THESE FIELDS IS IMPOSSIBLE AS THEY WERE REMOVED BY BRENTWOOD SCHOIOL EXPANSION! • NEW LEASE CAN NOT BE COMPLIED WITH AS THE FACILITIES ARE BURRIED UNDER THE RUBBLE CAUSED BY THE EXPANSION! VA IGNORES NEEDS OF VETERANS BUT GO OUT OF THEIR WAY TO APPEASE THE LOCAL POPOLUS ESPECIALLY BRENTWOOD SCHOOL

LEASE ISSUES CONTINUED LA COUNTY MASS TRANSIT AUTHORITY AND CALTRAN • STATE OF CALIFORNIA

LEASE ISSUES CONTINUED LA COUNTY MASS TRANSIT AUTHORITY AND CALTRAN • STATE OF CALIFORNIA TAKES PROPERTY PROTECTED UNDER THE ACT OF 1887 TO CONSTRUCT THE 405 FREEWAY • STATE OF CALIFORNIA TAKES ADDITIONAL PROPERTY TO EXPAND THE 405 FREEWAY FURTHER ON TO THE PROTECTED PROPERTY • LACMTA AND CALTRAN WANTS TO MODIFY ACCESS RAMPS FOR 405 FREEWAY • VA CREATES AMENDMENT ALLOWING FURTHER ENCROACHMENT ONTO PROTECTED PROPERTY • EXPANSION CAUSES NEED FOR BREITBURN ENERGY TO MOVE OPERATIONS FROM ORIGINAL SITE TO ADDITIONAL SITE, FURTHERR ONCROACHING ONTO PROTECTED PROPERTY VA VIOLATED DUTY TO PROTECT PROPERTY INCLUDED UNDER ACT WHILE GAVING CALIFORNIA ACCESS TO VETERANS' LAND

LEASE ISSUES CONTINUED BREITBURN OPERATING(BO), LLP (ORIGINALLY OXIDENTAL) • ENTERED INTO LEASE FOR 7

LEASE ISSUES CONTINUED BREITBURN OPERATING(BO), LLP (ORIGINALLY OXIDENTAL) • ENTERED INTO LEASE FOR 7 O YEAR WHERE THEY ARE TO PAY THE VA 2. 5% PLUS 2. 5% OF ROYALTIES • CURRENT RATES ARE AS HIGH AS 25%, WITH THE AVERAGE AT 12. 5%1 • ORIGINAL LEASE WAS FOR 10 ACRES, BUT BO HAS BEEN USING ADDIIONAL PROPERTY, LOCATED ON NORTH SIDE OF ROADWAY FOR PIPE STORAGE • BECAUSE OF 405 EXPANSION THE VA AMENDED LEASE TO ALLOW OPERATIONS TO MOVE TO A SECOND 10 ACRE PLOT • LEASE ALSO PROVIDES TWO WATER LINES, ONE 8 INCH AND NOW AN ADDITIONAL 6 INCH LINE • BREITBURN AVERAGES 180, 000 BARRELS PER YEAR 2 • • BREITBURN PAYS AT THE RATE IN THE ORIGINAL LEASE $_____ PER BARREL LEASE MODIFIED IN 2016 CLAIMING VETERANS BENEFIT BUT NEW LEASE FAILS TO INCREASE THE PER BARREL RATE TO THE CURRENT RATE OF $_______ • VA RECEIVED $_____ • AT THE CURRENT RATE, VA SHOULD HAVE RECEIVED $______ • LOSS OF $_______ NOTE: INFORMATION GAINED FROM FOIA DOCUMENTS AND PRODUCTION RECORDS LISTED AT 1. http: //geology. com/articles/mineral-rights. shtml 2. https: //secure. conservation. ca. gov/Well. Search VA AGAIN VIOLATES INTENT OF ACT AND COMMITS FRAUD SECRETARY SHULKIN PURGERS HIMSELF BEFORE CONGRESS

LEASE ISSUES CONTINUED SALVATION ARMY • LEASE RULED AS NOT MEETING INTENT OF THE

LEASE ISSUES CONTINUED SALVATION ARMY • LEASE RULED AS NOT MEETING INTENT OF THE ACT • SALVATION ARMY DOES BENEFIT VETERANS BY PROVIDING HOUSING FOR HOMELESS • OF ALL THE UNLAWFUL LEASES VA DOES NOT RENUE LEASE • VETERAN RESIDENT FORCED FROM FACILITY AND MADE HOMELESS IF NOT ABLE TO ARRANGE THEIR OWN HOUSING • VA TASKED WITH DEVELOPING PLAN FOR HOUSING AND CARE OF VETERANS • VA IGNORES THEIR DUTY TO ASSIST AND DICTATES THAT IT IS THE VETERAN'S RESPONSIBITLITY TO FIND HOUSING VA NOT ONLY VIOLATES INTENT OF ACT BUT FAILS TO IMPLIMENT HOUSING PLAN FOR RESIDENT VETERANS PRIOR TO TERMIINATING LEASE WHICH WAS ONE OF THE MORE VETERAN CENTRIC LEASES ENTERED INTO BY THE VA

PROPOSED SOLUTIONS THE WEST LOS ANGELES LEASING ACT OF 2016 IS CONTRARY TO THE

PROPOSED SOLUTIONS THE WEST LOS ANGELES LEASING ACT OF 2016 IS CONTRARY TO THE ORIGINAL DEED/ACT AND THEREFORE IS UNLAWFUL AS THE ORIGINAL DEED SET THE PRESIDENCE AND DICTATED HOW THE ENTIRE PROPERTY WOULD BE USED, AND THE ACT STIPULATES IT WOULD BE MAINTAINED FOR PERPETUITY FIVE TIMES. A COMMITTEE OF VETERANS NEEDS TO BE PUT IN PLACE AND THE COMMITTEE MUST BE ELECTED BY THE LOCAL VETERAN POPOULOUS. . a) ONLY VETERANS ARE ALLOWED TO PARTICIPATE AS MEMBERS OF THE COMMITTEE. b) THE COMMITTEE MUST HAVE THE AUTHORITY TO OVERSEE ANY LEASES PROPOSED FOR THEIR PROPERTY. c) THE VETERANS MUST BE GIVEN BACK THE CONTROL OF THEIR LAND. THE COMMITTEE WILL HAVE CONTROL OVER THE USE OF THE LANDS THAT ARE INCLUDED AS PART OF THE ORIGINAL DEED/ACT. 1. THE DEED/ACT STIPULATED THE PROPERTY WOULD BE CONTROLLED BY A “COMMITTEE” OF OVERSEERS AND WE CONTEND THAT THIS NEEDS TO BE PUT BACK IN PLACE. 3. ALL CURRENT LEASES, THAT WERE DETERMINED TO BE UNLAWFUL MUST BE VACATED AND THE ENCROACHERS NEED TO VACATE THE PROPERTY OR PRESENT PROPOSALS THAT WILL ENSURE THEIR MISSION MEETS THE INTENT OF THE ORIGINAL DEED/ACT. 4. . VA NOT ONLY VIOLATES INTENT OF ACT BUT FAILS TO IMPLIMENT HOUSING PLAN FOR RESIDENT VETERANS PRIOR TO TERMIINATING LEASE WHICH WAS ONE OF THE MORE VETERAN CENTRIC LEASES ENTERED INTO BY THE VA

PROPOSED SOLUTIONS THE WEST LOS ANGELES LEASING ACT OF 2016 IS A SHAM PUSHED

PROPOSED SOLUTIONS THE WEST LOS ANGELES LEASING ACT OF 2016 IS A SHAM PUSHED BY SEC. MCDONALD, REP. LIEU, AND SEN. FEINSTEIN TO BENEFIT THEIR ASSOCIATES WHILE STRIPPING THE VETERANS OF THEIR DEEDED LAND THE ACT OF 2016 IS CONTRARY THE SETTLEMENT PLAN RESULTING FROM THE PRINCIPI LAWSUIT AND IS ALSO CONTRARY TO THE INTENT OF THE ACT OF 1887 a)1887 ACT IS STILL LAW AND IN THAT IT WAS ENACTED PRIOR TO THE 2016 ACT IT HOLDS PRESIDENCE b)THE 1887 ACT CREATED LAWFULLY PROTECTED LANDS THAT WERE TO BE MAINTAINED IN PERPETUITY THE 2016 ACT WAS PUT IN PLACE TO c) DEPRIVE THE VETERANS' USE OF THOSE LANDS WHILE ENRICHING NON-VETERAN ENTITIES THE 1887 DEED ESTABLISHED A “BOARD OF GOVERNORS” WHO HAD THE POWER TO OVERSEE THE USE OF THE LANDS AND WE CONTEND THAT ANOTHER BOARD NEEDS TO BE FORMED WHERE: a) THE MEMBERS MUST BE ELECTED BY THE VETERANS USING THE FACILITIES ON THE DEEDED LAND b) THE BOARD MUST HAVE THE AUTHORITY TO OVERSEE ANY LEASES CURRENTLY IN PLACE AS WELL AS ONES PROPOSED FOR THEIR PROPERTY. c) THIS WOULD RETURN CONTROL OF THE DEEDED LANDS TO THE VETERANS, THE ONLY PATNERS WHO HAVE A TRUE INTEREST IN THE OPERATION AND CONTROL OF THE DEEDED LANDS THE VA LACKS TRUST FROM ANYONE NOT IN RECEIPT OF “FAVORS” GIVEN BY THE VA

PROPOSED SOLUTIONS THE WEST LOS ANGELES LEASING ACT OF 2016 IS A SHAM BY

PROPOSED SOLUTIONS THE WEST LOS ANGELES LEASING ACT OF 2016 IS A SHAM BY SEC. MCDONALD, REP. LIEU, AND SEN. FEINSTEIN TO BENEFIT THEIR ASSOCIATES AT THE VETERANS' LOSS 2016 ACT IS CONTRARY TO ACT OF 1887 WHICH IS STILL IN PLACE AND HOLDS PRECEDENCE OVER THE 2016 ACT 1887 ACT CREATED A PLOT OF 851 ACRES SPECIFICALLY FOR THE HOUSING OF DISABLED VETERANS 2016 ACT PROVIDES MEANS FOR VA TO CIRCUMVENT 1887 ACT CREATING BENEFITS FOR LOCAL POPULOUS WHILE IGNORING THE NEEDS OF VETERANS THE VA REPEATEDLY REFERS TO THE LOCAL POPULOUS AS “PARTNERS” BUT AS OF YET HAS NEVER REFERRED TO THE VETERANS AS PARTNERS. THE VETERANS ARE THE ONLY TRUE PARTNERS AND ARE THE ONLY LAWFUL USERS OF THE PROPERTY VETERANS NEEDS MUST BE THE ONLY CONSIDERATION WHEN DECISIONS CONCERNING LAND IS INVOLVED THE 1887 DEED ESTABLISHED A “BOARD OF GOVERNORS” WHO HAD THE POWER TO OVERSEE THE USE OF THE LANDS WE CONTEND THAT ANOTHER BOARD NEEDS TO BE FORMED WHERE: a) THE MEMBERS MUST BE ELECTED BY THE VETERANS USING THE FACILITIES ON THE DEEDED LAND b) THE BOARD MUST HAVE THE AUTHORITY TO OVERSEE ANY LEASES CURRENTLY IN PLACE AS WELL AS ONES PROPOSED FOR THEIR PROPERTY. c) THIS WOULD RETURN CONTROL OF THE DEEDED LANDS TO THE VETERANS, THE ONLY PARTNERS WHO HAVE A TRUE INTEREST IN THE OPERATION AND CONTROL OF THE DEEDED LANDS 6000 HOMELESS VETERANS ON THE STREETS OF LA SHOWS THE ACT OF 1887 IS NOT BEING PROPERLY FOLLOWED! UCLA 'S BASEBALL PROGRAM DOES NOT CREATE HOUSING FOR VETERANS! TRESSPASSERS MUST LEAVE PROPERTY OR VA WILL BE BACK IN COURT

PROPOSED SOLUTIONS VA CLAIMS IT NEEDS MORE MONEY TO OPERATE • MOST VA MEDICALLY

PROPOSED SOLUTIONS VA CLAIMS IT NEEDS MORE MONEY TO OPERATE • MOST VA MEDICALLY ELIGIBLE VETERANS QUALIFY FOR MEDICARE BUT USE THE VA INSTEAD OF PAYING MEDICARE CO-PAY • VA SHOULD ALLOW VETERANS TO USE MEDICARE AS THEIR PRIMARY AND INSTEAD OF PAYING FOR ALL MEDICAL CARE, VA COULD PAY CO-PAY • THIS WOULD DECREASE NEED COSTS ASSOCIATED WITH PROVIDING FULL SERVICES • COULD RESULT IN A DECREASE OF $100 S PER PATIENT VISIT • VETERANS WOULD RECEIVE TIMELY SERVICES WITHOUT NEED FOR FUNDING VETERANS CHOICE • IF VETERANS CHOICE REMAINS, SCHEDULING AND OPERATION MUST BE BROUGHT IN HOUSE • ELIMINATES CONTRACTOR FEES • PROVIDES JOBS/JOB TRAINING FOR VETERANS • RESTORES SENSE OF NEED TO VETERANS WORKING TO HELP VETERANS GET SERVICES • ALLOWS THEM TO EARN A LIVING WHILE FEELING PRODUCTIVE HELPING FELLOW VETERANS THE VA LACKS VETERANS' TRUST BECAUSE OF THE WRONGS THEY HAVE PERPETRATED UPON THE VETERANS AND THE ONLY WAY TO RESOLVE THE ISSUE IS TO PROVE THEY WILL CONSIDER THE NEEDS OF THE VETERANS ABOVE THE NEEDS OF NON-VETERAN ENTITIES

PROPOSED SOLUTIONS VA NEEDS TO WORK WITH MEDIA TO DEVELOP “MEDNET” CHANNEL • •

PROPOSED SOLUTIONS VA NEEDS TO WORK WITH MEDIA TO DEVELOP “MEDNET” CHANNEL • • • CHANNEL WOULD OPERATE LIKE CSPAN BUT WOULD PROVIDE MEDICAL INFORMATION TO THE VETERANS AND THE PUBLIC WOULD PROVIDE A MEANS TO DISPERSE MEDICAL KNOWLEDGE TO THE PUBLIC COULD BE USED TO ADVISE VETERANS OF NEW AND CURRENT MEDICAL SERVICES AVAILABLE COULD PROVIDE EDUCATION ON HOW TO AVOID EXPOSURE TO DISEASES COULD BE USED TO MAKE VETERANS AND THE PUBLIC AWARE OF VOLUNTEER TESTING FOR CURES OF DISEASES AND MEDICAL CONDITIONS PROVIDES MEDIUM TO BE USED TO MAKE THE VETERANS AND PUBLIC AWARE OF MEDICAL TREATMENTS PREVIOUSLY UNAWARE OF. EXPANDS THE NUMBER OF POSSIBLE NUMBER OF VOLUNTEERS WILLING TO ASSIST IN VALIDATING NEW METHODS OF TREATMENT

CLOSING STATEMENT RESTORING VETERANS TRUST WILL NOT HAPPEN OVERNIGHT BUT LISTENING TO THE VETERANS

CLOSING STATEMENT RESTORING VETERANS TRUST WILL NOT HAPPEN OVERNIGHT BUT LISTENING TO THE VETERANS IS A BEGINNING • HOLD DVA TOWN HALL MEETINGS WHERE VETERANS CAN VOICE THEIR CONCERNS WITHOUT FEARING REPERCUSSIONS CURRENTLY, TOWN HALLS ONLY HAPPEN AFTER ISSUES ARISE, BUT IN MOST CASES VETERANS WANTED T 0 SPEAK ABOUT ISSUES BEFORE THEY BECAME PUBLIC KNOWLEDGE • TOWN HALL MEETINGS SHOULD BE MADE PUBLIC VIA LIVE STREAMING PATIENTS IDENTITY PROTECTED NO LOCAL MANAGEMENT IN ROOM • FIX THE IDENTIFIED ISSUES SO THE VA APPEARS COMPETENT KIOSKS ASK QUESTIONS ABOUT THE QUALITY OF THE PATIENT VISIT AT CHECK-IN NOT AFTER VISIT TAKES PLACE MAKE THE KIOSKS WORK BY TURNING THEIR USE INTO A TWO STEP PROCESS CHECK-IN TRAVEL PAY AND SURVEY ON CHECK-OUT • STOP SNAIL AND E-MAILING QUESTIONNAIRES VETERANS USUALLY WILL NOT RESPOND BECAUSE NO IMPROVEMENT IS SEEN MONEY IS WASTED IN PRINTING, PROCESSING, MANPOWER USE MONEY FUNDING OTHER PROGRAMS DUPLICATION WASTES VALUABLE RESOURCES LISTEN, LISTEN OPERATE VHA LIKE A PRIVATE MEDICAL CENTER CORPORATION

PRESENTED BY FRANCISCO JUAREZ VAL-OR, USA WEST LOS ANGELES LEASING ACT Act 2016

PRESENTED BY FRANCISCO JUAREZ VAL-OR, USA WEST LOS ANGELES LEASING ACT Act 2016

The Willful and Intentional NEGLECT of the Government To Preserve and Protect the “Crown

The Willful and Intentional NEGLECT of the Government To Preserve and Protect the “Crown Jewel” of America’s Moral Obligation “Care for those who have borne the battles” by acts that dismantled the 814 acre Pacific Branch Soldiers Home and Beachfront “beach-house” property Who is responsible? – Our Government, our Nation and our Veterans because mechanisms were not established to prevent fraudulent land-use policy What location? – At this, once, Pacific Branch of the National Home for Disabled Volunteer Soldiers, today, the GLAHCC of DVA When did neglect begin? – March 3, 1888, the day the gift-land deeds were executed, because the beachfront “pavilion and beach-house” never materialized Where on the Gift-land? – BWS, UCLA Baseball Stadium, Salvation Army Residential Housing Project and other non-veteran “void” lease locations Why did this happen? – To provide for the power and prestige of the adjacent Westwood and Brentwood entities, while ignoring the Deeds How was this possible? – Responsible leadership’s purposely failed to properly steward the specific, permanently deeded, arrangements

Dismantling Milestones of the Distant Past • The GIFT: 1888 Two separate gift-land deeds

Dismantling Milestones of the Distant Past • The GIFT: 1888 Two separate gift-land deeds executed to be (a) “permanently maintained as a home” for disabled Veterans and (b) construct a “Pavilion and a beach-house” for residents of the “Home” • (1) 1902, Home managers carved out section of gift-land for Brentwood Academy • (2) 1921, Home managers transfer title of that land to the Academy, the Academy transfers it to George C. Thomas, Thomas transfers it to an “educational donor” and that “donor” transfers it to Brentwood School • (3) 1930 Soldiers Home system comes under Veterans Administration • (4) 1948, Beachfront gift-land subdivided and recorded in name of private individual • (5) 1956, VA entered into agreement with Occidental Petroleum, use of land & water for private, commercial, gain. 2% + 2% “gift for Veterans” in agreement • (6) 1972, BWA became BWS, then, BWS leased more land at less than market rate

Not-too Distant Past & the Present • (7) 1980’s, Salvation Army constructed non-veteran housing

Not-too Distant Past & the Present • (7) 1980’s, Salvation Army constructed non-veteran housing on the gift-land footprint and UCLA Baseball takes over American Legion Baseball Field • (8) 1989, VA becomes DVA under George H. W. Bush • (9) 1990, Secretary Principe's legal team “scrubs” the original deed, “iron clad” • (10) 2011, Annenberg Metabolic Report describes presidents of land mis-use • (11) 2012, ACLU represents VVA and Inner-city Veterans against DVA • (12) 2013, Federal case rules 9 leases “void”, including BWS & UCLA. 33 rd District, including the “Home”, is created • (13) 2014, Asset Manager retires before OIG reports “widespread mismanagement”. Ted Lieu, who used to work for Ron Olson, wins 33 rd Congressional Seat of Waxman. Secretary Mc. Donald and Olson hatch settlement plan on gift-land that includes Westside Rental Services, BWS and UCLA stadium • (14) 2016, 209 is leased for 50 years to a private entity that may rent to Veterans by priority but must rent to non-veterans fleeing domestic violence. September 29 th, lame-duck President Obama signs West Los Angeles Leasing Act into law. BWS and UCLA Baseball lease holders are now designated as service providers for disabled Veterans by new director. Lame-duck Mc. Donald extends UCLA and Brentwood School Leases 10 years • (15) 2017 BWS rushes to get C. U. P. approved by the City of Los Angeles, DVA rep is supporting BWS website boasts master plan to 2040 and begins construction of long-term buildings on Veteran gift-land.

 These are “land-grab” insults • • • “Urinating on our heads and telling

These are “land-grab” insults • • • “Urinating on our heads and telling us its raining” “They say transforming, we say stealing” “Power and prestige must not ill-affect Veteran principles, resources” “Mental illness is exacerbated by false illusions of a ‘Home’” “Get back the deeded terms, conditions, spirit and intent as set forth in 1888” “Go after the beachfront property that is the only Master Plan” “Recognize the OIG’s ‘widespread mismanagement’ report” “Visualize the void for future generations if the private school is not exited” “Expose the network of special interest influence that orchestrates” “One wrongful death of a Veteran is one too many” “Since when does the politics of a State overrule a federal mandate” “Stop the *&%$@@(!!! Construction at Brentwood School”

 The Solution, Keep the Best for Veterans, as intended • ACKNOWLEDGE, without influence

The Solution, Keep the Best for Veterans, as intended • ACKNOWLEDGE, without influence of non-veteran special interests, that the Moral Obligation of America to our Veterans is to GENUINELLY “care for those who have borne the battles” • There were 26 Million Veterans 3 years ago, today, there are 18. 5. RECOGNIZE the sense of urgency relative to the human life that has been lost and will be lost by the history of disingenuous management, the current settlement plan and 2016 Leasing Act. • COMMIT to this statement, “One homeless, destitute and disabled Veteran is one too many and we must PRESERVE the intended use of the West Los Angeles Home property down to the last Veteran” • IMPOSE an immediate moratorium on the construction by Brentwood School and other non-veteran lease holders until each and every one of these concerns are openly addressed and genuinely facilitated by a federal judicial authority for the public court of opinion • DIRECT the newly formed National Veteran Community Oversight Board to INCLUDE grassroots Veterans from outside of California, further, to ESTABLISH a “Veteran Only” guiding-principle for land-use policy that equally recognizes the needs of all GLA • REVISIT, SUPPORT and HIGHLIGHT the specificity, permanency and intentions for land-use of the two deeded gift-land, the Home and the Beach, as the true and only Master Plan for the Pacific Branch of the Old Soldiers Home • CONSIDER a Constitutional Amendment of the terms conditions, spirit and intent of the Act of the 49 th Congress of the United States of America, the execution of the Deeds of 1888 and the establishment of a “HOME” for disabled Veterans in order to prevent the special interest collusion with rogue government bureaucrats that look at Veteran resources like buzzards over a dead body • Above all, FRAME, without influence of BWS, or, UCLA, or, any other special interest, all planning and programs on the gift-land within the terms, conditions, spirit and intent of your acknowledgements commitments, impositions, directions, support and considerations to, forever, prohibit any entity or service that is not 100% direct benefit for Disabled Veterans onto the gift-land

Presented by Carson Tucker

Presented by Carson Tucker

Protecting Veterans Benefits and Compensation A Legal Odyssey

Protecting Veterans Benefits and Compensation A Legal Odyssey

Introduction • This presentation explains the history and source of veterans’ benefits and OFFE’s

Introduction • This presentation explains the history and source of veterans’ benefits and OFFE’s and affiliated organizations’ fight to protect them through legal advocacy. • Federal legislation authorizing veterans’ pay and benefits is derived directly from Congress’s Article I Enumerated Military Powers in the Constitution. • State courts never had, do not now have, and never will have authority over any veterans’ benefits unless and until Congress passes federal legislation lifting the absolute preemption over state law. • As explained herein, Congress has only done this on one occasion and with respect to a small portion of military benefits.

Introduction • Veterans Benefits and Compensation Has Always Been a Federally Authorized Entitlement Given

Introduction • Veterans Benefits and Compensation Has Always Been a Federally Authorized Entitlement Given Directly by the Federal Government from the Public Treasury for the Sole Use and Benefit of the Veteran Beneficiary • The Federal Constitution is the Primary, Enumerated Source for Congressional Authorization to Provide Veterans Benefits • This has Very Important Legal Consequences vis-à-vis the States’ Asserted Legal Authority Over Veterans’ Rights and Benefits

The Problem • Despite this Uncontroverted Constitutional Authority, States Have Exercised Unfettered and Unconstitutional

The Problem • Despite this Uncontroverted Constitutional Authority, States Have Exercised Unfettered and Unconstitutional Power Over Distribution of These Funds Taking them from the Veteran Beneficiary and Unlawfully Appropriating them for Other Uses • The Travesty of State Misappropriation Has Been Occurring Since At Least the 1960’s

An Existential Threat to Veterans Benefits • This has Caused a Systemic Destruction of

An Existential Threat to Veterans Benefits • This has Caused a Systemic Destruction of the Ability of Veterans (Especially Disabled Veterans) to Sustain Themselves and Their Families • A Greater Tragedy is the Effects this had on Homelessness, Destitution, Drug and Alcohol Abuse, Criminality, Incarceration, and In Too Many Cases, Suicide

An Existential Threat to Veterans’ Benefits • This Misappropriation Occurs Primarily in the Form

An Existential Threat to Veterans’ Benefits • This Misappropriation Occurs Primarily in the Form of Unconstitutional State Court Orders Diverting these Monies for Distribution • Forced payments and benefits to non-designated, non-entitled beneficiaries (bankruptcy, estates, former spouses, non-designated beneficiaries; • Marital property divisions on divorce of the servicemember and his or her spouse; • Using VA disability benefits for alimony or spousal support, and child support; • Attorneys fees to pay for opposing parties’ legal counsel (this even when veterans cannot themselves afford to pay an attorney and no legal service organization (LSO) is compensated for assisting in these domestic law matters)

An Existential Threat to Veterans’ Benefits • Under the guise of a flawed premise

An Existential Threat to Veterans’ Benefits • Under the guise of a flawed premise in matters concerning a conflict between states’ rights and exercise by Congress of its enumerated Article I military powers, the states claim that they have primary authority over domestic law matters. • OFFE asserts that states do not have such rights when it comes to the Enumerated Article I Military Powers of Congress.

An Existential Threat to Veterans’ Benefits • The primary source for this flawed premise

An Existential Threat to Veterans’ Benefits • The primary source for this flawed premise can best be summed up by the United States Supreme Court’s statement in the case of Mc. Carty v. Mc. Carty, 453 U. S. 210 (1981). There, the Court stated: This Court repeatedly has recognized that “‘[the] whole subject of the domestic relations of husband wife. . . belongs to the laws of the States and not to the laws of the United States. ’” Hisquierdo[ v. Hisquierdo], 439 U. S. at 581, quoting In re Burrus, 136 U. S. 586, 593 -594 (1890). “[state] family and family-property law must do ‘major damage’ to ‘clear and substantial’ federal interests before the Supremacy Clause will demand that state law be overridden. ” Hisquierdo, 439 U. S. , at 581.

An Existential Threat to Veterans’ Benefits • The Court continued: “[Thus, ] [state] family

An Existential Threat to Veterans’ Benefits • The Court continued: “[Thus, ] [state] family and family-property law must do ‘major damage’ to ‘clear and substantial’ federal interests before the Supremacy Clause will demand that state law be overridden. Hisquierdo, 439 U. S. , at 581. ”

An Existential Threat to Veterans’ Benefits • Mc. Carty (which is still good law)

An Existential Threat to Veterans’ Benefits • Mc. Carty (which is still good law) actually held that federal law did indeed preempt state court orders forcing veterans to part with their military retirement pay to satisfy “community property” awards in divorce proceedings. • In other words, Mc. Carty held state family law did “major damage” to the “clear and substantial federal interests” involved.

An Existential Threat to Veterans’ Benefits • The Mc. Carty Court supported its conclusion

An Existential Threat to Veterans’ Benefits • The Mc. Carty Court supported its conclusion by reasoning that where a federal statute: (1) Designates a specified beneficiary; and (2) Includes a “flat prohibition against attachment and anticipation, ” It preempts state family law.

An Existential Threat to Veterans’ Benefits • Key Point 1 – As has been

An Existential Threat to Veterans’ Benefits • Key Point 1 – As has been stated numerous times by the United States Supreme Court, Veterans’ Benefits Legislation do specify a beneficiary, and they identify the entitlement as a “personal entitlement”. • “[In Mc. Carty, ] [w]e noted that the relevant legislative history referred to military retirement pay as a ‘personal entitlement’… [and] that other language in the statute as well as its history made ‘clear that Congress intended that military retired pay actually reach the beneficiary. ’” Howell v. Howell, 137 S. Ct. 1400, 1403 (emphasis added).

An Existential Threat to Veterans’ Benefits • Key Point 2 – With respect to

An Existential Threat to Veterans’ Benefits • Key Point 2 – With respect to these benefits and their intended beneficiaries, there is indeed a “flat prohibition against attachment and anticipation. ” • Title 38 USC § 5301(a)(1) states: Payments of benefits due or to become due under any law administered by the Secretary [of Veterans Affairs] shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary…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…. ” (emphasis added).

An Existential Threat to Veterans’ Benefits • Yet, state courts have continued to ignore

An Existential Threat to Veterans’ Benefits • Yet, state courts have continued to ignore the fundamental principles of constitutional law protecting veterans’ benefits from attachment, seizure, and dispositions away from their sole and intended beneficiary, the veteran.

The Legal Odyssey • Convincing the courts of the constitutional priority of Enumerated Article

The Legal Odyssey • Convincing the courts of the constitutional priority of Enumerated Article I Veterans’ Benefits and their constitutional superiority and therefore their hierarchical priority over state family law rights is the key to winning this war that has been waged by the states against our country’s veterans. • There is an absolute legal basis for holding that state courts are preempted by federal law from ordering distribution of most veterans’ waived retired pay, waived disability pay, and disability and special compensation benefits (Enumerated Article I Veterans’ Benefits). • To prove this and to win cases based on this principle is OFFE’s Sworn Duty and its Mission Going Forward in this Legal Odyssey.

An Existential Threat to Veterans’ Benefits • Key Point 3 - OFFE has now

An Existential Threat to Veterans’ Benefits • Key Point 3 - OFFE has now partially succeeded in convincing the Supreme Court that Enumerated Article I Veterans’ Benefits are: • Of the highest order in the preemption of state law because they spring from the Enumerated Article I Powers of Congress, U. S. Const. Art. I, § 8, cls. 12 -14; • Personal entitlements intended for a specific beneficiary; and • 38 USC § 5301 protects them from both attachment and anticipation.

The Legal Odyssey • Since 2003, OFFE and its Recognized Members and Affiliate Organizations

The Legal Odyssey • Since 2003, OFFE and its Recognized Members and Affiliate Organizations Have Fought Against this Unconstitutional Usurpation by State Courts. It Has Been a Long Fought Battle.

Howell v. Howell • In 2017, OFFE and VFW jointly filed an Amicus Curiae

Howell v. Howell • In 2017, OFFE and VFW jointly filed an Amicus Curiae (Friend of the Court) Brief in the United Staates Supreme Court in the case of Howell v. Howell, 137 S. Ct. 1400 (2017).

Howell v. Howell • Signaling a Sea Change in the Law and Recognition of

Howell v. Howell • Signaling a Sea Change in the Law and Recognition of this Ongoing Injustice, a Unanimous United States Supreme Court Ruled, Following the Arguments in OFFE’s Brief, that State Courts Do Not Have Authority Over Veterans’ Disability Benefits and Compensation But for a Small Federal Legislative Exception.

Howell v. Howell • Citing 38 USC § 5301(a), the Court ruled state courts

Howell v. Howell • Citing 38 USC § 5301(a), the Court ruled state courts have no authority or jurisdiction to “vest in former spouses” any interest in veterans disability benefits. • The Court ruled that § 5301 applied to prevent state courts from ordering forced distributions of veterans benefits to former spouses. • In a companion case, Merrill v. Merill, 137 S. Ct. 2156 (2017), the Court ordered application of this rule of federal preemption to combat-related special compensation (CRSC) benefits.

Ongoing Efforts – Monitor State Courts Application of Howell Going Forward • While OFFE

Ongoing Efforts – Monitor State Courts Application of Howell Going Forward • While OFFE secured unanimity from the United States Supreme Court ordering state courts to forthwith follow federal law, as the states have demonstrated noncompliance and defiance time and time again, OFFE must continue to ensure that the state courts that had been ruling contrary to Howell now follow the law and protect veterans.

Ongoing Efforts • Because of this documented history of defiance to and noncompliance with

Ongoing Efforts • Because of this documented history of defiance to and noncompliance with federal law in this specific subject matter, OFFE has continued to monitor and participate in state court cases throughout the country to ensure they are following the Supreme Court’s Mandate in Howell. • There is much more work to be done!

Ongoing Efforts • Howell overruled what was then a majority of state courts that

Ongoing Efforts • Howell overruled what was then a majority of state courts that had ignored or outright rejected federal law. • However, the appellate courts of each of these states must still issue a decision acknowledging the precise effect of Howell, and overruling its own state court decisions.

Ongoing Efforts • Among the states we are monitoring in which action has been

Ongoing Efforts • Among the states we are monitoring in which action has been or is currently being taken are: • Arizona (now reversed by Howell and Merrill); • California (pending reversal by way of Supreme Court’s Cassinelli Order); • Maryland (now reversed by Hurt v. Hurt-Jones); • Michigan (State Supreme Court has vacated judgment of Court of Appeals in Foster v. Foster); • Minnesota (now reversed by Berberich v. Mattson); • North Carolina (pending review in Lesh v. Lesh);

Ongoing Efforts • We continue to monitor those other states that did not follow

Ongoing Efforts • We continue to monitor those other states that did not follow federal law and in which no cases appear to be currently pending. These include: • Colorado, Florida, Hawaii, Idaho, Illinois, Indiana, Maine, Massachusetts, Nevada, New Jersey, New Mexico, Oklahoma, Rhode Island, South Dakota, and Tennessee. • There are other states that are not following federal law and we are identifying them as we go and addressing cases where possible.

Ongoing Efforts • Following is an explanation of some of the judicial decisions and

Ongoing Efforts • Following is an explanation of some of the judicial decisions and cases that we have been involved in and/or we have monitored, and are monitoring, standing by for further assistance.

Berberich v. Mattson • In the first state appellate court case to consider Howell,

Berberich v. Mattson • In the first state appellate court case to consider Howell, OFFE and Forgotten Warriors Project, Inc. , submitted a friend of the court brief to ensure that the court would understand follow the law. • On October 2, 2017, the Minnesota Court of Appeals did just that, following the law cited by OFFE’s amicus brief, and issuing a binding opinion reversing its prior bad precedent, which had held state courts could exercise authority over veterans’ retirement and disability pay to order distributions and division of these monies to former spouses in property divisions upon divorce.

Foster v. Foster • After an application for leave to appeal filed by Carson

Foster v. Foster • After an application for leave to appeal filed by Carson J. Tucker, author of the amicus briefs in Howell and Berberich, in the Michigan Supreme Court, the Supreme Court vacated the Court of Appeals judgment ruling against the veteran. November 15, 2017 Order of the Supreme Court of Michigan.

Lesh v. Lesh • Pending on appeal in the North Carolina Court of Appeals

Lesh v. Lesh • Pending on appeal in the North Carolina Court of Appeals to consider that state’s prior case law in light of Howell v. Howell. • OFFE has made contact with the veteran’s attorney and is standing by to file an amicus curiae brief, if necessary.

Ongoing Efforts • While OFFE is beginning to win on this front, the war

Ongoing Efforts • While OFFE is beginning to win on this front, the war is not over, as continual monitoring and diligent activism is required. • There is also another battle we must fight and win.

The Next Battle • OFFE must now work to convince state courts they have

The Next Battle • OFFE must now work to convince state courts they have been ruling contrary to federal law and taking veterans disability benefits to pay spousal support, alimony, and child support. • These state court orders are generally worse in their impact on veterans because many of the disabled veterans affected by these decisions are not retired, and therefore have no other income.

The Next Battle • These veterans often have limited or no ability to earn

The Next Battle • These veterans often have limited or no ability to earn any other income than what they receive from the federal government as a result of their disabilities. • And they have no way of paying the legal fees necessary to defend their interests in court. • What is worse is that their benefits are being used by their former spouses to fund their own attorneys.

The Next Battle • • State courts wrongly think that in matters of domestic

The Next Battle • • State courts wrongly think that in matters of domestic and family law, they have unfettered authority to make rulings contrary to federal law. State courts have also misinterpreted or failed to apply the plain statutory language of federal law to the issue of child support and alimony. States base their law on Rose v. Rose, 481 U. S. 619(1987), which ostensibly and very generally held that veterans’ disability pay could be used to pay child support. While Rose applied its ruling to state child support obligations, it is widely viewed by state courts as also applying to spousal support / alimony obligations.

The Path Forward • However, there is hope. • Through Constitutional law principles, as

The Path Forward • However, there is hope. • Through Constitutional law principles, as well as the express and explicit language of federal laws passed to protect veterans’ benefits, primarily 10 USC § 1408, 42 USC § 659, and 38 USC § 5301, OFFE has been pushing an argument up through the state appellate courts to seek the reversal of Rose.

The Legal Argument • 42 U. S. C. § 659 makes clear that monies

The Legal Argument • 42 U. S. C. § 659 makes clear that monies that are pure service-connected disability payments (not received along with the retirement pay contemplated in 10 U. S. C. § 1408) are off limits.

The Legal Argument • 38 U. S. C. § 5301 then applies to prevent

The Legal Argument • 38 U. S. C. § 5301 then applies to prevent a state court from exercising “any process” whatever in an attempt to force veterans to make these payments.

Summary of Arguments • Many veterans enter the service and are wounded and/or suffer

Summary of Arguments • Many veterans enter the service and are wounded and/or suffer injuries that lead to mandatory discharge and disabilities well before they can be eligible to retire. • These veterans apply for and receive pure Title 38 service-connected disability benefits, and in some cases other special compensation, e. g. , 10 U. S. C. § 1413 a(g) (combat-related special compensation), none of which are considered retirement pay, and therefore, none of which are considered “remuneration for employment” as contemplated in 42 U. S. C. § 659(a). These monies are also not amounts that can be “waived” to receive disability pay within the meaning of 10 U. S. C. § 1408.

Summary of Arguments • These veterans are the most vulnerable among us and are

Summary of Arguments • These veterans are the most vulnerable among us and are already at a great disadvantage because they are disabled at a young age, unable to compete as equals in the job market, and will never be eligible for retirement pay not having served the requisite length of time to qualify. • Nonetheless, gravely wounded and disabled, they are unable to fully participate in the job market and they are therefore entitled to disability benefits under Title 38.

Summary of Arguments • These monies are not remuneration for employment. • They are

Summary of Arguments • These monies are not remuneration for employment. • They are the only source of funds being paid to the veterans. • They are considered a personal entitlement and it would frustrate the purpose and objectives of Congress if state courts were allowed to exercise authority or jurisdiction over these funds. • Finally, they are absolutely protected from attachment and anticipation by 38 USC § 5301.

Summary of Arguments • The veterans in these situations do not have any “protected”,

Summary of Arguments • The veterans in these situations do not have any “protected”, i. e. , non-disposable retirement pay as contemplated in the USFSPA, which establishes a limit on the state courts ability to order payment to former spouses out of “disposable” retirement pay only. See 10 U. S. C. § 1408(c).

Summary of Arguments • Not surprisingly, then, these types (or categories) of Title 38

Summary of Arguments • Not surprisingly, then, these types (or categories) of Title 38 benefits should be totally off limits to state courts not only by virtue of 42 U. S. C. § 659(h)(1)(B)(iii) and 38 U. S. C. § 5301(a)(1), but too because they enjoy the preexisting preemptive protection afforded to laws passed by Congress in execution of its Article I “enumerated” Military Powers.

Summary of Arguments • These federal enumerated powers have “long been recognized” as overriding,

Summary of Arguments • These federal enumerated powers have “long been recognized” as overriding, i. e. , pre-empting state law to the contrary. Ridgway v. Ridgway, 454 U. S. 46, 55 -56 (1981).

38 USC § 5301 • Once this is understood, i. e. , that pure

38 USC § 5301 • Once this is understood, i. e. , that pure service-connected veterans’ disability payments and all other legislatively authorized veterans’ benefits (including CRSC, see 10 USC § 1413 a) are not retirement pay, and are not received in lieu of retirement pay by the exercise of waiver, and are therefore not remuneration for employment, the funds fall under the absolute protection of 38 U. S. C. § 5301(a)(1).

38 USC § 5301 • Title 38 USC 5301(a)(1) states: Payments of benefits due

38 USC § 5301 • Title 38 USC 5301(a)(1) states: Payments of benefits due or to become due under any law administered by the Secretary [of Veterans Affairs] shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary…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…. ” (emphasis added).

38 USC § 5301 • In Howell, the Court made clear when speaking of

38 USC § 5301 • In Howell, the Court made clear when speaking of this provision that “[s]tate courts cannot ‘vest’ that which (under governing federal law) they lack the authority to give. ”

38 USC § 5301 • And, as the Court most recently reiterated, veterans’ benefits

38 USC § 5301 • And, as the Court most recently reiterated, veterans’ benefits are a personal entitlement and absent express federal legislation 38 U. S. C. § 5301(a)(1) explicitly withholds authority from state courts to vest them in anyone other than the beneficiary. Howell, 131 S. Ct. at 1403.

Conclusion • In Howell, the Supreme Court went out of its way to say

Conclusion • In Howell, the Supreme Court went out of its way to say two of the most important things for the answer to the question that is at the heart of this next battle.

Conclusion • First, federal preemption of state law with respect to distribution of all

Conclusion • First, federal preemption of state law with respect to distribution of all military benefits still applies. It applied well before Mc. Carty, it applied after Mc. Carty and the passage of the USFSPA, it was reconfirmed to apply in Mansell, and in Howell it was once again held to apply. Federal law preempts all state law to the contrary. • The USFSPA, 10 U. S. C. § 1408 and 42 U. S. C. § 659 are the only federal statutory exceptions that lift the preemption and allow state courts authority to distribute certain funds in child support and spousal support / alimony situations. But, they do not allow disposition or distribution, nor exercise of any legal process over ordinary, serviceconnected disability payments.

Conclusion • Per the USFSPA, 10 U. S. C. § 1408 former spouses are

Conclusion • Per the USFSPA, 10 U. S. C. § 1408 former spouses are entitled to receive 50 percent of disposable retired pay, or 65% if there are minor children, as long as the servicemember is a recipient of waived retirement pay under the statute.

Conclusion • Second, and logically following from the first principle noted, 38 U. S.

Conclusion • Second, and logically following from the first principle noted, 38 U. S. C. § 5301(a)(1) affirms state courts have no authority and therefore no jurisdiction to order any diversion, vesting, indemnification, attachments, levies, fines, etc. , with respect to such VA authorized disability benefits. • In fact, with respect to such benefits, state courts have no authority to issue any legal process whatever. See 38 U. S. C. § 5301(a)(1); Ridgway, 454 U. S. at 61.

Parting Shots • Finally, as much as state courts do not have authority over

Parting Shots • Finally, as much as state courts do not have authority over the primacy of veterans’ benefits in the hierarchy of Enumerated Article I Powers of Congress, the VA, to the extent that it issues decisions, rulings, regulations, or opinions that are contrary to what is stated herein has no more authority than does the several states in these premises. • The VA is an executive agency and like other state and federal agencies, it must abide by the restraints of the Constitution.

Fire for Effect • While the arguments and interpretations stated herein may seem radical

Fire for Effect • While the arguments and interpretations stated herein may seem radical to some it is really a simple argument based on Constitutional hierarchy of federal over state power in this specific area. • Yet, due in large part to the utterly entrenched nature of state court decisions following the errant Rose decision, which decisions have cited the mistaken mantra that states have always had the right over its domestic and family law matters in this area of the law, people simply believe this is the right and applicable decision.

Fire for Effect • Solutions to this problem include, but are not limited to:

Fire for Effect • Solutions to this problem include, but are not limited to: • Changing the language of 38 USC § 5301 to clarify that it deprives state courts of jurisdiction over any monies received by veterans under the statute and applies to any legal process designed to divert such monies away from the veteran. • Add to 42 USC § 659 a list of those benefits, by type and statute, that are not to be considered as disposable benefits and which are protected by 38 USC § 5301.

Fire for Effect • This is the same basic justification that the states have

Fire for Effect • This is the same basic justification that the states have asserted since the 1960’s regarding their feigned “right” to distribute and divide military retirement pay. • It took Mc. Carty (1981), Ridgway (1981), the USFSPA (1982), Mansell (1987) and Howell (2017) to achieve JUSTICE. • JUSTICE for so many other veterans was and continues to be DENIED on the basis of a false and unsustainable legal notion.

Fire for Effect • Operation Firing for Effect and its affiliate members and organizations

Fire for Effect • Operation Firing for Effect and its affiliate members and organizations continues to monitor the state cases that are pending in light of Howell and those state court cases addressing the errant view that disability benefits may be seized to pay alimony, spousal support and child support. • We have identified the target, and we have the weapons and strategy to defeat the enemy.

Fire for Effect • OFFE is dedicated and determined to see to it that

Fire for Effect • OFFE is dedicated and determined to see to it that it will not take much longer to overturn Rose. • A simple path has been cleared and the light of the elegant Constitution, which we swore to defend and uphold, shines upon this path. • We shall not surrender to this enemy, we shall not waiver from our resolve, and we shall not fail to defend this instrument with the same vigor and tenacity as we have on the battlefield for our brothers and sisters in arms.

Fire for Effect • In Article I, the Constitution entrusts the enumerated powers in

Fire for Effect • In Article I, the Constitution entrusts the enumerated powers in the Congress so that it may automatically fulfill the promise of that Great Charter; to protect those diverse groups among us with the armored cloak of ultimate Democracy; to realize the promise of Prosperity by protecting and providing for those in need; and to provide the indubitable instruments of Justice necessary to bring to fruition and ultimate enforcement the necessarily greater rights of the People over those reserved by the states. • The least we can do to honor those who have sacrificed so much for the nation’s collective security is to see to it that Justice is Achieved.

Fire for Effect • OFFE is dedicated and determined to see to it that

Fire for Effect • OFFE is dedicated and determined to see to it that it will not take much longer to overturn Rose. • A simple path has been cleared and the light of the elegant Constitution, which we swore to defend and uphold, shines upon this path. • We shall not surrender to this enemy, we shall not waiver from our resolve, and we shall not fail to defend this instrument with the same vigor and tenacity as we have on the battlefield for our brothers and sisters in arms. • In Article I, the Constitution entrusts the enumerated powers in the Congress so that it may automatically fulfill the promise of that Great Charter; to protect those diverse groups among us with the armored cloak of ultimate Democracy; to realize the promise of Prosperity by protecting and providing for those in need; and to provide the indubitable instruments of Justice necessary to bring to fruition and ultimate enforcement the necessarily greater rights of the People over those reserved by the states. • The least we can do to honor those who have sacrificed so much for the nation’s collective security is to see to it that Justice is Achieved. PLEASE WELCOME ADVOCATE FRANCISCO JUAREZ TO THE PODIUM

 The Solution, Keep the Best for Veterans, as intended • ACKNOWLEDGE, without influence

The Solution, Keep the Best for Veterans, as intended • ACKNOWLEDGE, without influence of non-veteran special interests, that the Moral Obligation of America to our Veterans is to GENUINELLY “care for those who have borne the battles” • There were 26 Million Veterans 3 years ago, today, there are 18. 5. RECOGNIZE the sense of urgency relative to the human life that has been lost and will be lost by the history of disingenuous management, the current settlement plan and 2016 Leasing Act. • COMMIT to this statement, “One homeless, destitute and disabled Veteran is one too many and we must PRESERVE the intended use of the West Los Angeles Home property down to the last Veteran” • IMPOSE an immediate moratorium on the construction by Brentwood School and other non-veteran lease holders until each and every one of these concerns are openly addressed and genuinely facilitated by a federal judicial authority for the public court of opinion • DIRECT the newly formed National Veteran Community Oversight Board to INCLUDE grassroots Veterans from outside of California, further, to ESTABLISH a “Veteran Only” guiding-principle for land-use policy that equally recognizes the needs of all GLA • REVISIT, SUPPORT and HIGHLIGHT the specificity, permanency and intentions for land-use of the two deeded gift-land, the Home and the Beach, as the true and only Master Plan for the Pacific Branch of the Old Soldiers Home • CONSIDER a Constitutional Amendment of the terms conditions, spirit and intent of the Act of the 49 th Congress of the United States of America, the execution of the Deeds of 1888 and the establishment of a “HOME” for disabled Veterans in order to prevent the special interest collusion with rogue government bureaucrats that look at Veteran resources like buzzards over a dead body • Above all, FRAME, without influence of BWS, or, UCLA, or, any other special interest, all planning and programs on the gift-land within the terms, conditions, spirit and intent of your acknowledgements commitments, impositions, directions, support and considerations to, forever, prohibit any entity or service that is not 100% direct benefit for Disabled Veterans onto the gift-land

BARBARA WRIGHT Missing Records-Broken Promises

BARBARA WRIGHT Missing Records-Broken Promises

Missing Records-Broken Promises • During the Vietnam War Era and up to 1982 The

Missing Records-Broken Promises • During the Vietnam War Era and up to 1982 The Central Intelligence Agency ran All Off Shore Special Ops. • Units that wore no insignia on their uniforms, had no dog tags or ID cards and only went by a nickname are Special Ops units which means that if they were stationed off shore that they were in a Central Intelligence Agency ran unit. • According to Col. Lloyd Hargas, Liaison to the Central Intelligence Agency from the US Army for 11 years during the Vietnam War Era if records are not found at either National Personnel Records Center or National Archives and Records Administration they are in the possession of the Central Intelligence Agency • Thousands of veterans were “seconded” or “Loaned “ to the Central Intelligence Agency for missions in SE Asia and Korea and elsewhere prior to the formation of Special Ops Command at Ft. Bragg in 1982. The records of their service in a Central Intelligence Agency backed unit are not in their Military Personnel Files found at National Personnel Records Center which means that they are stored with the Central Intelligence Agency.

Missing Records-Broken Promises • If one contacts Department of Defense Consolidated Adjudications Facility if

Missing Records-Broken Promises • If one contacts Department of Defense Consolidated Adjudications Facility if you were employed by the Central Intelligence Agency then "The Central Intelligence Agency has jurisdiction over Personnel File therefore is presumable that if one were to submit a Freedom of Information Act Request to the Central Intelligence Agency they should at least provide the veteran with a GLOMAR letter that will suffice as proof of injury to allow the Veteran to collect Department of Veterans Affairs benefits • Congress must hold hearings to find out what the CIA did with their Off Shore Special Ops records and IF they can not account for them, Congress should make the decision that the records were Spoilated and Congress must come up with a plan, immediately, whereby these vets get the benefits they were promised when they enlisted in the military and the benefits they earned by serving in very dangerous theaters of operations. Congress should also enact legislation whereby any vet who claims to be Special Ops during that time period shall be given a Service Connected rating of 100% T&P and paid 10 years back pay as compensation for not receiving a copy of their 201 file when they left the military.

OPERATION FIRING FOR EFFECT, INC Gene D. Simes, President Presents Whistle Blowers Exposing •

OPERATION FIRING FOR EFFECT, INC Gene D. Simes, President Presents Whistle Blowers Exposing • In conclusion: • The abuse and threats that are flooding areas of the Department of Veterans Affairs, is no different then what we, see and hear each and every day on the news, with those that has been elected to serve. The taxpayers of this Nation. • This must end the only way to end, this is to appoint a person such as General John Kelly, as a third party to oversee the Secretary and the assisting Secretary, of the Department of Veterans Affairs that can’t be trusted. His. leadership has allowed this to go on and OFFE, OFFE and its committee, will be bringing this before the media. • The Secretary, of the Department of Veterans Affairs should not have been allowed to come aboard onto this administration from a prier administration. (This is why OFFE, is asking the President to clean house and drain the swamps. )