- Jurisdiction
- New Hampshire
I'm writing with a very specific question. I feel as though the State of NH has made & passed a state law (RSA 21:50) which is in conflict with The Supermacy Clause (U. S. Constitution Art. VI) and Federal Law (38 USC 101) by redefining what a Veteran is. Under Federal Law a Vet is (essentially) anyone who ever served in armed forces however, amount of time depends when one served to be eligible for VA benefits. Back in the 80's one had to serve 24+ consecutive months to qualify. Also, one had to receive an eligible character of discharge which had to be above a "less than honorable."
So, I served 79 months (6 yr, 7 mo) consecutive active duty and my character of dicharge states "under honorable conditions." I did get out 6 wks prior to end of enlistment but RIF (reduction in forces) was in effect at the time & my rate was at 103% meaning 4% of people in my rate had to go (early retirement, early out if less than 1 yr left, no reenlistments, etc...).
I AM qualified for and do receive some VA benefits. I have a VA ID card in my wallet with my pic on it. So here is my issue... according to The State of NH for any state benefits (Vet lic plates, prop tax exemption, etc...) I am "NOT" a Veteran because my character of discharge states "under honorable conditions." According to the state RSA 21:50, one's DD 214 must state "honorable" (only) to be considered to be a Vet. This directly conflicts with both The Supremacy Clause & 38 USC 101. But here is the kicker... the state WILL pay one a "war bonus" if one was "discharged under honorable conditions (NH RSA 115:9)." So they contradict themselves by paying "war bonuses" to people who (according to them) are "NOT" Vets! What...?? Seriously...??
I am being discriminated against by this state & it's unnecessarily costing me money as they won't allow me to receive an earned benefit i.e. property tax exemption. I am on very limited income (SSDI) and NH prop tax is outrageously high! I have contacted Vet oraganizations, state legislators, US Congress folks, both Senators, and the media about this unfair discrimination and have NOT received even one response!
At this point, I would like to sue the state for violatating my rights (earned!) and for violations of both Fed law and The US Constitution (Art. VI). Can I sue the state for this issue in Fed Civil Court...?? If so, how...?? Like what kind of case... discrimination, negligence (a duty to abide by Fed law & failed to do so), abuse of power, etc...?? What specialty of law would I need a lawyer in...?? Would a lawyer take issue on contingency...??
I would sure appreciate any/all answers to my questions and thank you in advance...!! Have a great day...!!
So, I served 79 months (6 yr, 7 mo) consecutive active duty and my character of dicharge states "under honorable conditions." I did get out 6 wks prior to end of enlistment but RIF (reduction in forces) was in effect at the time & my rate was at 103% meaning 4% of people in my rate had to go (early retirement, early out if less than 1 yr left, no reenlistments, etc...).
I AM qualified for and do receive some VA benefits. I have a VA ID card in my wallet with my pic on it. So here is my issue... according to The State of NH for any state benefits (Vet lic plates, prop tax exemption, etc...) I am "NOT" a Veteran because my character of discharge states "under honorable conditions." According to the state RSA 21:50, one's DD 214 must state "honorable" (only) to be considered to be a Vet. This directly conflicts with both The Supremacy Clause & 38 USC 101. But here is the kicker... the state WILL pay one a "war bonus" if one was "discharged under honorable conditions (NH RSA 115:9)." So they contradict themselves by paying "war bonuses" to people who (according to them) are "NOT" Vets! What...?? Seriously...??
I am being discriminated against by this state & it's unnecessarily costing me money as they won't allow me to receive an earned benefit i.e. property tax exemption. I am on very limited income (SSDI) and NH prop tax is outrageously high! I have contacted Vet oraganizations, state legislators, US Congress folks, both Senators, and the media about this unfair discrimination and have NOT received even one response!
At this point, I would like to sue the state for violatating my rights (earned!) and for violations of both Fed law and The US Constitution (Art. VI). Can I sue the state for this issue in Fed Civil Court...?? If so, how...?? Like what kind of case... discrimination, negligence (a duty to abide by Fed law & failed to do so), abuse of power, etc...?? What specialty of law would I need a lawyer in...?? Would a lawyer take issue on contingency...??
I would sure appreciate any/all answers to my questions and thank you in advance...!! Have a great day...!!