LIHU‘E — The annual veterans Christmas party is Dec. 12 from 10 a.m. to 2 p.m. at the Kaua‘i Veterans Center on Kapule Highway in Lihu‘e. Disability compensation What is VA Disability Compensation? Disability compensation is a tax-free monetary benefit
LIHU‘E — The annual veterans Christmas party is Dec. 12 from 10 a.m. to 2 p.m. at the Kaua‘i Veterans Center on Kapule Highway in Lihu‘e.
Disability compensation
What is VA Disability Compensation?
Disability compensation is a tax-free monetary benefit paid to veterans because of injuries or diseases which occurred while serving on active duty, or were aggravated by active military service.
Veterans may be eligible for disability compensation if they have a service-related disability and were discharged under “other than dishonorable conditions.”
The amount of benefit paid ranges, depending on how disabled the veteran. They may apply by filling out VA Form 21-526, Veterans Application for Compensation and/or Pension, and mailing it to the nearest VA Regional Office.
Veterans with any of the following documentation should attach copies to the application: discharge papers (DD214); marriage certificate and children’s birth certificates; medical evidence (doctor/hospital reports).
Veterans can also apply online through http://vabenefits.vba.va.gov/vonapp, the VA website.
For more information or assistance in filing for disability compensation, contact the Kaua‘i Office of Veterans’ Services, 241-3348.
Display of U.S. flag
American Veterans have a duty to question any act, whether it be intentional or unintentional, which disrespects the flag of the United States of America. Along with that duty, veterans also accept the obligation to ensure that they are sufficiently educated before schooling others on matters of federal law.
Title 4 of the United States Code, Section 1 establishes rules governing the display and care of the flag of the United States of America. It is appropriately named The United States Flag Code. Although it is a U.S. federal law, the U.S. Supreme Court has ruled that punitive enforcement conflicts with the First Amendment right to freedom of speech. Therefore, there is no penalty for failure to comply with the flag code, so it is not widely enforced. From time to time, however, members of Congress have proposed passing a law to override the Supreme Court decision, but to date all have been defeated in the Senate.
In addition to referring to The United States Flag Code, anyone interested in learning more about the proper display of the American flag, especially those persons responsible for the public display of the flag, read the following concise information which is provided by a reliable source. It provides an overview and answers to many of the questions that arise concerning display of the flag.
See www.senate.gov/reference/resources/pdf/RL30243.pdf for information regarding the United States flag and federal law relating to display.
Public concern and confusion regarding the proper respect shown to the United States flag has given rise to many questions on the law relating to the flag’s handling, display, and use. Both state and federal governments have enacted legislation on this subject.
On the national level the Federal Flag Code provides uniform guidelines for the display of and respect shown to the flag. In addition to the code, Congress has by statute designated the “National Anthem” and set out the proper conduct during its presentation. The code is designed “for the use of such civilian groups or organizations as may not be required to conform with regulations promulgated by one or more executive departments” of the federal government. Thus, the flag code does not prescribe any penalties for non-compliance, nor does it include enforcement provisions; rather the code functions simply as a guide to be voluntarily followed by civilians and civilian groups.
The Federal Flag Code does not purport to cover all possible situations.
Although the code empowers the president of the United States to alter, modify, repeal, or prescribe additional rules regarding the flag, no federal agency has the authority to issue “official” rulings legally binding on civilians or civilian groups. Consequently, different interpretations of various provisions of the code may continue to be made.
The flag code itself, however, suggests a general rule by which practices involving the flag may be fairly tested: “No disrespect should be shown to the flag of the United States of America.”
Therefore, actions not specifically included in the code may be deemed acceptable as long as proper respect is shown.
In addition to the flag code, a separate provision contained in the federal criminal code established criminal penalties for certain treatment of the flag.
Prior to 1989, this provision provided criminal penalties for certain acts of desecration to the flag. In response to the Supreme Court decision in Texas v. Johnson (which held that anti-desecration statutes are unconstitutional if aimed at suppressing one type of expression), Congress enacted the Flag Protection Act of 1989 to provide criminal penalties for certain acts which violate the physical integrity of the flag.
This law imposed a fine and/or up to one year in prison for knowingly mutilating, defacing, physically defiling, maintaining on the floor, or trampling upon any flag of the United States.
In 1990, however, the U.S. Supreme Court held that the Flag Protection Act was unconstitutional as applied to a burning of the flag in a public protest.
• Tony Elliott, a retired U.S. Marine Corps sergeant major, is a member of the Hawai‘i Office of Veterans Services on Kaua‘i. He can be reached at 241-3348.
