From: "Bruce K Melson" <docmelson@docmelson.com>

X-RCPT-TO: <Will@willpete.com>

 

Hello!


 

Idaho has succeeded in proving that in Idaho veterans
have no rights.


 

Thursday afternoon at 5PM, Idaho used Ada county
sheriffs deputies to forcably remove it's last
domiciliary veteran, Mr. Gary Kendall, from the state
veterans home in Boise, Idaho.


 

Having filed a complaint of trespass against Mr.
Kendall, Mr. Bernard Bufford III, administrator of the
Idaho State Veterans Home - Boise with Mr. Richard
Jones, administrator, Idaho Division of Veterans
Services and two sheriff's deputies in attendance had
home staff pack up Mr. Kendalls belongings and force
him out of the home.


 

Mr. Kendall was instructed that he was barred from
setting foot on the veterans home property, even to
visit his veteran friends remaining at the home and
threatened with arrest should he return to visit his
friends.  At no point was any supporting legal
documentation shown to Mr. Kendall.


 

Regardless of the legality of the process, Mr. Kendall
remained calm and behaved with the dignity and
honorable presentation expected of any representative
of the United States military - even though he is ONLY
a U.S. citizen and veteran and has no rights according
to Idaho.


 

Mr. Kendall then went to the VAMC, BOise as per his
doctors instructions earlier in his treatment and
asked to be admitted.


 

The VAMC refused.


 

Mr. Kendall is now a homeless veteran despite
Secretary Principi's personal statement that no
veteran would be expelled onto the street.


 

Apparently neither Idaho Governor Kempthorne, Idahos'
Division of Veterans Services, nor Secretary Principi
believe a veteran has the right to look to these
government veterans departments for honorable
fulfillment of our benefits during times of need.


 

Mr. Kendall is now without housing in Boise and will
be unable to continue to meet with his doctors in
Boise.


 

Therefore, Idaho and the VA have effectively ended Mr.
Kendalls appeals for VA medical evaluation and
treatment of his service connected medical problems.


 

This action comes just at the point in Mr. Kendall's
progress with his VA doctors that he was to be
scheduled to see the specialists in Palo Alto, CA, the
regional center for treatment of his disorders.


 

This action also effectively ends his sheduled access
to the Agent Orange evaluation board at the VAMC,
Boise.


 

It appears that Idaho and Secretary Principi have
worked in concert to end Mr. Kendall's success in
achieving a medical diagnosis of Post Concussion
Syndrome(PCS) due to his severe Traumatic Brain
Injury(TBI) while on active duty.


 

It has long been known that the VA dislikes diagnosing
PCS due to the extremely vague nature of it's
disabling symptoms and the complete absence of any
method by which to prove it does not exist.


 

This appears to be the "new" VA method of making it
impossible for a veteran to gain a VA diagnosis of
this medical problem.  Force the veteran to
"disappear" by forcing away from access to the
evaluation and treatment.


 

All this veteran ever asked of Secretary Principi and
Idaho Division of Veterans Services was for a way to
be found for him to remain in Boise, near his VA
medical team, the VAMC, his friends, and his family.


 

None of the means available under the U.S. Codes or
the CFR's regarding veterans benefits were allowed him.


 

__________________________________________________
Bruce K. Melson
ICQ: 21099062

From: "Bruce K Melson" <docmelson@docmelson.com>

X-RCPT-TO: <Will@willpete.com>

 

Late in the afternoon of August 7, 2002 U.S. District
Judge Winmill denied USAF veteran Gary Kendall a
temporary restraining order protecting his right to
veterans domiciliary and continued access to his VAMC,
Boise doctors.


 

Idaho will now continue it's attempt to expell Mr.
Kendall from it's veterans home and from the state of
Idaho.


 

Mr. Kendall could use the services of any attorney
versed in veterans benefits and the federal codes
associated with state domiciliary under VA grants and
funding.


 

This issue has grown beyond the damage to a few
veterans from the Idaho State Veterans Home, Boise and
now encompasses the future availability of VA funded
state domiciliary throughout the United States.


 

Idaho is attempting to pave the road to eliminate it's
responsibilities to provide such domiciliary pursuant
to it's many VA construction grants and many other
states with veterans homes and domiciliaries are
watching intently.


 

Please make your voices heard on this issue.


 

If you are an attorney interested in this issue or
know of one who might be interested, please contact
the above email address.


 

__________________________________________________
Bruce K. Melson
ICQ: 21099062


 

So long as space remains,
So long as sentient beings remain,
I will remain,
In order to help, in order to serve,
In order to make my own contribution.
(Dalai Lama)


 

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