this will shake you upFrom: "Bruce K. Melson" <email@example.com>
from Tom Westhoven)
this will shake you up. and hopefully wake you up !!! we need
V.A. AND THE LAW - YEAR 2000 EDITION
- Arthur N. Bernklau
do know that upon entering, and being sworn into the Armed Forces
the United States, that you are no longer in possession of all
Constitutional, nor your Civil rights. You are under the
of the "Feres Doctrine", an extremely unfair
carried over from England, back in our colonial days.
"Feres Doctrine" is the prime example of sovereign immunity. This
even up to the present day, and is the main reason why
the federal veil is next to impossible. Be it right or
we think that sovereign immunity for anybody is dead wrong,
government, as well as those individuals who work for the
to administer their laws, military, or non-military. They
be legally accountable to "WE THE PEOPLE".
military life, the discipline must be maintained. Upon becoming a
the abuses and the sovereign immunity aspects of this
must stop there. Unfortunately however, once an individual is
from the service of his country, the abuses continue under
dishonest and predatory policies of the Veterans Administration.
very quickly find out that the protection of the
of the U.S. has been stolen from them, and replaced by
incredibly restrictive statutes of USC Title 38 and 38 CFR
since the "Veterans Benefits Improvement Act of 1940".
examine very carefully what USC Title 38 is all about, and how
predators at the V.A. use it to deprive the veterans of their
benefits claims. The following are some of the more
sections of USC Title 38, and 38 CFR which are pertinent to
chicanery of the V.A., their National Veterans Service
cohorts, and their congressional cohorts.
511(a): The worst of all the laws under USC Title 38 is
511(a). It reads as follows.... "The Secretary shall decide
questions of law and fact necessary to a decision by the
to veterans or dependents or survivors of veterans. The
as to any such question shall be final and conclusive, and
not be reviewed by any court, whether by and action in the nature
mandamus or otherwise". SECTION 511(a) GUARANTEES DECISIONS OF THE
FINALITY. This single act of Congress removed the V.A. out
under any congressional control, and the Congress has no
authority over it.
5904. This aberration of the law states that when a veteran
a claim with his V.A. Regional office, he is only permitted to
a representative of a veteran's organization to present and argue
merits of his claim, unless he can locate an attorney, who is
to work for free (PRO-BONO). THIS IS THE
"UNNECESSARILY PATERNALISTIC" CONCEPT OF A FAIR HEARING, WHERE
NO ATTORNEY WILL LOOK OVER THEIR SHOULDER, AND COMPEL THEM TO
WITH THE RULE OF LAW. MEANWHILE, THE V.A. HAS OVER 1200 OF
OWN ATTORNEYS, CREATIVELY FINDING NEW AND BETTER WAYS TO
THE LAW, AND DENY CLAIMS. The only other way that a
can have his own attorney is, if the Board of Veterans
(BVA) has given a final denial. This as a process which takes
from 7 to 30 years. (* A few short years ago, two V.A.
from the B.V.A. were sent to federal prison for altering
destroying veteran's claim files to avoid paying disability
far, after three congressional hearings by the HVAC on this same
nothing has been accomplished due to the lobbying efforts of
National Veterans Service Organizations to protect
"FORBIDDEN LEGAL TURF" and their "VESTED PRIVATE
utmost cooperation of both House the and the Senate Veterans
Committees which are certainly not "veteran friendly", but
"National Veterans Service Organization friendly". In other
with our "tainted" congressional veteran's committees, we
two chances.... Slim and None.
CFR Ch.l, (7-1-99 Edition) under Section 20.1302 Rule 1302,
to USC Title 38, Section 7104(a) as the Authority: DEATH OF
APPELLANT DURING PENDENCY OF APPEAL.... An appeal pending before
Board of Veterans Appeals, when the appellant dies, will be
HERES ANOTHER V.A. REGUILATION, WHICH ALLOWS THE V.A.'s
BOARD OF VETERANS APPEALS TO CLOSE UP A CASE, WHEN A VETERAN
WHILE AWAITING A DECISION. It doesn't matter that the case
be anywhere from 20 to 50 years old. It doesn't matter that the
has been waiting 2 to 3 years for the BVA to schedule a
for him, nor does it matter that maybe the BVA has not
a decision, although a year to a year and a half have
If that veteran dies, the BVA will be as happy as pigs
"you know what" to close up the case, so as the veteran's next of
will have only the option of reopening the case at the local
Regional Office from the very beginning, or drop the claim.
V.A. "bummer" of a regulation only serves to show you what a
of standards of decency that the V.A. has.
addition to the above, under Section 15.2.2. The only benefits
can be paid to a veteran's survivors as a result of a claim
by the veteran, who expires before a final decision is
are those provided in the "accrued benefits" statute, (which
payment to certain survivors of no more than two years of
that were due, or should have been paid to the deceased at
time of death). Therefore, when a veteran dies while the case is
appeal to the Court, the appeal is dismissed as moot, and the
Board and Regional decisions are vacated. In other words,
veteran's survivors will only be entitled to two years
benefits maximum, even if the case is decided in favor of
veteran against this "stacked deck". DOES THIS REGULATION SOUND
OR EVEN LEGAL TO YOU???
while we are talking about this same subject matter, lets look
another V.A. regulation, USC Title 38, Section 7104(c): The Board
be bound in it's decisions by the regulations Department
of the Secretary and the precedent opinions of the Chief
Officer of the Department. ONE THING REALLY DISTURBS ME, AND I
LIKE TO ASK YOU AS FELLOW AMERICANS .... WHY DOES THE V.A.
THE INSTRUCTIONS OF THE V.A. SECRETARY, AND THE
OPINION OF THE V.A. CHIEF LEGAL OFFICER TAKE PRECEDENCE
WHAT IS RIGHT AND THE LAW ???
5902(a): This law is quite unique. It is believed by
that it serves as a payback, or shall we say "LOOT" to the
Veterans Service Organizations for "SERVICES NOT RENDERED",
TIME NOW THAT WE TELL IT LIKE IT IS. THE BIGGEST SETRAYAL IN OUR
AS VETERAN BETRAYS VETERAN. For keeping the V.A.'s
of service connected claims at the minimum amount of 4%
the law states "At the discretion of the Secretary, the V.A.
provide RENT-FREE OFFICE SPACE for the NVSOs in V.A. buildings.
very liberal interpretation of the law also gives them FREE HEATING
ELECTRICITY, FREE POSTAGE, FREE STATIONERY, FREE TELEPHONE, FREE
FREE COMPUTER EQUIPMENT, AND A TAX EXEMPT STATUS. No
that this law is called the "GRAVY TRAIN STATUTE". There are
of these service organizations chartered by Congress, and
recognized by the V.A., and for the most part, they are
some, if not all of these V.A."FREEBIE" privileges. Among
are the Disabled American Veterans, the American Legion, the
of Foreign Wars, AMVETS, and the Military Order of the
Heart. There are also 68 non-chartered Veterans service
(without grant, contract, or privilege) giving us a
of 112 veterans service organizations.
all the laws of USC Title 38 go against the veteran. There is one
SECTION 1110: BASIC ENTITLEMENT that reads, "For disability
from personal injury or disease contracted in line of duty,
for aggravation of a preexisting injury suffered or disease
in line of duty, in the active military, naval, or air
during a period of war, the United States will pay to any
thus disabled and who was discharged or released under
other than dishonorable from the period of service in
said injury or disease was incurred, or preexisting injury or
was aggravated, compensation as provided in this subchapter".
Title 38, SECTION 1131: BASIC ENTITLEMENTS states the exact same
covering conditions other than wartime).
OF THESE LAWS STATE THAT DISABILITIES RESULTING FROM PERSONAL
SUFFERED OR DISEASE CONTRACTED, OR FOR AGGRAVATION OF A
INJURY OR DISEASE CONTRACTED IN LINE OF DUTY, AND WHICH
NOT DUE TO OUR OWN WILLFUL MISCONDUCT ARE COMPENSATORY FROM THE
OF SERVICE IN WHICH SAID INJURY OR DISEASE WAS INCURRED OR A
DATE OF DISCHARGE. THESE ARE BOTH VALID LAWS, WHICH HAVE
ON THE BOOKS FOR THE PAST 60 YEARS OR SO, AND YET THE V.A.
TO IGNORE THEM BOTH IN THEIR ENTIRETY. But then, what about
federal courts ??? Surely, the V.A. must abide by the federal
Supreme Court of the U.S. bas told the V.A. that where the laws
plain and clear, that it must abide by them as they are written
V.A. interpretation and regardless of the V.A.'s regulations,
or time in existence, and yet, the V.A. continues to let V.A.
supersede the law. The Supreme Court has in the past
the V.A.'s interpretation of the law in the landmark Gardner
decision, as in other numerous related cases, yet why has the
not been compelled to obey the law??? Assuming that the
is limited to proximate causation, so as to narrow the
of compensatable cases, that narrowing occurs by eliminating
consequences, not by requiring a demonstration of fault.[n.3]
generally W. Keeton, D. Dobbs, R. Keeton, & D. Owen, Prosser and
on Law of Torts, Section 42(5th ed. 1984).
SHOULD ALSO BE NOTED THAT THE SUPREME COURT DOES NOT EVEN
THE U.S. COURT OF APPEALS FOR VETERANS CLAIMS AS A TRUE
COURT. (THIS SHOWS US THAT SOME SANITY, STILL EXISTS TO A
EXTENT). In several decisions, the High Court completely
over the Court of Veterans Appeals from the BVA to the Federal
of Appeals, thus leaving out the Court of Veteran Appeals as if
does not exist. Again, it should be noted that the
"Court" is supposed to be an Appellate Court, and yet, an
Court is a court which hears cases from a lower court.
veteran's cases have NEVER been to a lower court, only to the
IN ESSENCE, THIS FRAUD OF A COURT IS CONSIDERED NOTHING MORE OR
THAN AN EXTENSION OF THE V.A.
laws comprise an integral part of the "STACKED DECK" that our
veterans must face, as they file claims for benefits; and
compensation that most of them will never see due to V.A.
FOR CONSTITUTIONAL LAW, LTD.
Jefferson, N.Y. 11777
(516) 4 74-4261 · Fax (516) 4 74-1968
get your vet's info. here
DISABLED VETERANS, GOT TO BE DISABLED VETERANS
PROTECTING YOU !!!!
am In Protest of the unfair treatment of America's VETERANS by the VA &
US Government.... I am sickened by the Lies,and the
place in this country today against our Veteran's..I
VOTE for only those candidates that are for change in the way our
does business, And for only canditates that will fight for our
amendment rights, And will fight for Veterans Rights, And will not
the liberial press dictate US Government policy... I would hope you
do the same...VOTE !!!!!!!!!
US Government Lied and Continues to Lie to Veterans About Benefits and
Care, And The VA Still Continues to Discriminate Against America's
ABOUT JOINING THE MILITARY ?? THINK AGAIN !! THE US GOVERNMENT
NOT AND WILL NOT KEEP IT'S PROMISES MADE TO AMERICAS VETERANS ABOUT
AND HEALTH CARE"
IF IT WERE
FOR AMERICAS VETERANS WE'D BE CALLING YOU COMRADE !!!!!!!!!!!!!!!!!!
YOUR BITCH-EN AND WRITE TO YOUR CONGRESSMEN AND YOUR SENATORS AND BITCH
THEM, IF THAT DON'T WORK !! VOTE LIKE
I DO !!! AND TOGETHER WE'LL FIRE
AND EVEN DRUNK DRIVES HAVE MORE RIGHTS THAN VETERANS, THEY AT
GET A REAL TRIAL, THE JUSTICE VETERANS GET FROM THE VA IS!! SORRY
YOUR CLAIM SIR:.......BUT !!!! WE LOST YOUR PAPERWORK!!!!
flag are we under these days? Have
you ever wondered? Why ??? The
recently returned from Korea were draped, not in the US flag, to which
swore allegiance to and died under, but the UN flag ?????. The UN also
our guns. I say hell NO and Kiss Off give the UN the boot it's not
anymore !!!!!! don't let the UN dictate to the US what they did in
they took all the guns from everybody except the crooks.....