(Forwarded from Tom Westhoven)

 

Subject: this will shake you up. and hopefully wake you up !!! we need

change NOW !!!!!

THE V.A. AND THE LAW - YEAR 2000 EDITION

 

By - Arthur N. Bernklau

 

 

We do know that upon entering, and being sworn into the Armed Forces

of the United States, that you are no longer in possession of all

your Constitutional, nor your Civil rights. You are under the

classification of the "Feres Doctrine", an extremely unfair

manifesto, carried over from England, back in our colonial days.

The "Feres Doctrine" is the prime example of sovereign immunity. This

continues, even up to the present day, and is the main reason why

piercing the federal veil is next to impossible. Be it right or

wrong, we think that sovereign immunity for anybody is dead wrong,

the government, as well as those individuals who work for the

government to administer their laws, military, or non-military. They

must be legally accountable to "WE THE PEOPLE".

 

 

In military life, the discipline must be maintained. Upon becoming a

civilian, the abuses and the sovereign immunity aspects of this

system must stop there. Unfortunately however, once an individual is

separated from the service of his country, the abuses continue under

the dishonest and predatory policies of the Veterans Administration.

Veterans very quickly find out that the protection of the

Constitution of the U.S. has been stolen from them, and replaced by

certain incredibly restrictive statutes of USC Title 38 and 38 CFR

ever since the "Veterans Benefits Improvement Act of 1940".

 

 

Lets examine very carefully what USC Title 38 is all about, and how

these predators at the V.A. use it to deprive the veterans of their

rightful benefits claims. The following are some of the more

important sections of USC Title 38, and 38 CFR which are pertinent to

the chicanery of the V.A., their National Veterans Service

Organization cohorts, and their congressional cohorts.

 

 

SECTION 511(a): The worst of all the laws under USC Title 38 is

Section 511(a). It reads as follows.... "The Secretary shall decide

all questions of law and fact necessary to a decision by the

Secretary to veterans or dependents or survivors of veterans. The

decision as to any such question shall be final and conclusive, and

may not be reviewed by any court, whether by and action in the nature

of mandamus or otherwise". SECTION 511(a) GUARANTEES DECISIONS OF THE

SECRETARY, FINALITY. This single act of Congress removed the V.A. out

from under any congressional control, and the Congress has no

supervisory authority over it.

 

 

SECTION 5904. This aberration of the law states that when a veteran

files a claim with his V.A. Regional office, he is only permitted to

use a representative of a veteran's organization to present and argue

the merits of his claim, unless he can locate an attorney, who is

willing to work for free (PRO-BONO). THIS IS THE

V.A.'s "UNNECESSARILY PATERNALISTIC" CONCEPT OF A FAIR HEARING, WHERE

AS NO ATTORNEY WILL LOOK OVER THEIR SHOULDER, AND COMPEL THEM TO

COMPLY WITH THE RULE OF LAW. MEANWHILE, THE V.A. HAS OVER 1200 OF

THEIR OWN ATTORNEYS, CREATIVELY FINDING NEW AND BETTER WAYS TO

CIRCUMNAVIGATE THE LAW, AND DENY CLAIMS. The only other way that a

veteran can have his own attorney is, if the Board of Veterans

Appeals (BVA) has given a final denial. This as a process which takes

anywhere from 7 to 30 years. (* A few short years ago, two V.A.

Attorneys from the B.V.A. were sent to federal prison for altering

and destroying veteran's claim files to avoid paying disability

compensation claims).

 

 

So far, after three congressional hearings by the HVAC on this same

subject, nothing has been accomplished due to the lobbying efforts of

the National Veterans Service Organizations to protect

their "FORBIDDEN LEGAL TURF" and their "VESTED PRIVATE INTERESTS" and

the utmost cooperation of both House the and the Senate Veterans

Affairs Committees which are certainly not "veteran friendly", but

are "National Veterans Service Organization friendly". In other

words, with our "tainted" congressional veteran's committees, we

stand two chances.... Slim and None.

 

 

38 CFR Ch.l, (7-1-99 Edition) under Section 20.1302 Rule 1302,

referring to USC Title 38, Section 7104(a) as the Authority: DEATH OF

THE APPELLANT DURING PENDENCY OF APPEAL.... An appeal pending before

the Board of Veterans Appeals, when the appellant dies, will be

dismissed. HERES ANOTHER V.A. REGUILATION, WHICH ALLOWS THE V.A.'s

INFAMOUS BOARD OF VETERANS APPEALS TO CLOSE UP A CASE, WHEN A VETERAN

EXPIRES, WHILE AWAITING A DECISION. It doesn't matter that the case

may be anywhere from 20 to 50 years old. It doesn't matter that the

veteran has been waiting 2 to 3 years for the BVA to schedule a

hearing for him, nor does it matter that maybe the BVA has not

rendered a decision, although a year to a year and a half have

elapsed. If that veteran dies, the BVA will be as happy as pigs

in "you know what" to close up the case, so as the veteran's next of

kin will have only the option of reopening the case at the local

V.A.'s Regional Office from the very beginning, or drop the claim.

This V.A. "bummer" of a regulation only serves to show you what a

lack of standards of decency that the V.A. has.

 

 

In addition to the above, under Section 15.2.2. The only benefits

that can be paid to a veteran's survivors as a result of a claim

started by the veteran, who expires before a final decision is

reached, are those provided in the "accrued benefits" statute, (which

authorizes payment to certain survivors of no more than two years of

benefits that were due, or should have been paid to the deceased at

the time of death). Therefore, when a veteran dies while the case is

on appeal to the Court, the appeal is dismissed as moot, and the

underlying Board and Regional decisions are vacated. In other words,

the veteran's survivors will only be entitled to two years

retroactive benefits maximum, even if the case is decided in favor of

the veteran against this "stacked deck". DOES THIS REGULATION SOUND

FAIR OR EVEN LEGAL TO YOU???

 

 

And, while we are talking about this same subject matter, lets look

at another V.A. regulation, USC Title 38, Section 7104(c): The Board

shall be bound in it's decisions by the regulations Department

instructions of the Secretary and the precedent opinions of the Chief

Legal Officer of the Department. ONE THING REALLY DISTURBS ME, AND I

WOULD LIKE TO ASK YOU AS FELLOW AMERICANS .... WHY DOES THE V.A.

REGUILATIONS, THE INSTRUCTIONS OF THE V.A. SECRETARY, AND THE

PRECEDENT OPINION OF THE V.A. CHIEF LEGAL OFFICER TAKE PRECEDENCE

OVER WHAT IS RIGHT AND THE LAW ???

 

 

SECTION 5902(a): This law is quite unique. It is believed by

everybody, that it serves as a payback, or shall we say "LOOT" to the

National Veterans Service Organizations for "SERVICES NOT RENDERED",

ITS TIME NOW THAT WE TELL IT LIKE IT IS. THE BIGGEST SETRAYAL IN OUR

HISTORY, AS VETERAN BETRAYS VETERAN. For keeping the V.A.'s

illegal

quota of service connected claims at the minimum amount of 4%

allowed, the law states "At the discretion of the Secretary, the V.A.

will provide RENT-FREE OFFICE SPACE for the NVSOs in V.A. buildings.

A very liberal interpretation of the law also gives them FREE HEATING

AND ELECTRICITY, FREE POSTAGE, FREE STATIONERY, FREE TELEPHONE, FREE

FURNITURE, FREE COMPUTER EQUIPMENT, AND A TAX EXEMPT STATUS. No

wonder that this law is called the "GRAVY TRAIN STATUTE". There are

44 of these service organizations chartered by Congress, and

officially recognized by the V.A., and for the most part, they are

enjoying some, if not all of these V.A."FREEBIE" privileges. Among

them are the Disabled American Veterans, the American Legion, the

Veterans of Foreign Wars, AMVETS, and the Military Order of the

Purple Heart. There are also 68 non-chartered Veterans service

organizations (without grant, contract, or privilege) giving us a

total of 112 veterans service organizations.

 

 

Not all the laws of USC Title 38 go against the veteran. There is one

statute, SECTION 1110: BASIC ENTITLEMENT that reads, "For disability

resulting from personal injury or disease contracted in line of duty,

or for aggravation of a preexisting injury suffered or disease

contracted in line of duty, in the active military, naval, or air

service, during a period of war, the United States will pay to any

veteran thus disabled and who was discharged or released under

conditions other than dishonorable from the period of service in

which said injury or disease was incurred, or preexisting injury or

disease was aggravated, compensation as provided in this subchapter".

(USC Title 38, SECTION 1131: BASIC ENTITLEMENTS states the exact same

thing covering conditions other than wartime).

 

 

BOTH OF THESE LAWS STATE THAT DISABILITIES RESULTING FROM PERSONAL

INJURY SUFFERED OR DISEASE CONTRACTED, OR FOR AGGRAVATION OF A

PREEXISTING INJURY OR DISEASE CONTRACTED IN LINE OF DUTY, AND WHICH

ARE NOT DUE TO OUR OWN WILLFUL MISCONDUCT ARE COMPENSATORY FROM THE

PERIOD OF SERVICE IN WHICH SAID INJURY OR DISEASE WAS INCURRED OR A

VETERAN'S DATE OF DISCHARGE. THESE ARE BOTH VALID LAWS, WHICH HAVE

BEEN ON THE BOOKS FOR THE PAST 60 YEARS OR SO, AND YET THE V.A.

CHOOSES TO IGNORE THEM BOTH IN THEIR ENTIRETY. But then, what about

the federal courts ??? Surely, the V.A. must abide by the federal

court rulings???

 

 

The Supreme Court of the U.S. bas told the V.A. that where the laws

are plain and clear, that it must abide by them as they are written

without V.A. interpretation and regardless of the V.A.'s regulations,

age or time in existence, and yet, the V.A. continues to let V.A.

regulations supersede the law. The Supreme Court has in the past

blasted the V.A.'s interpretation of the law in the landmark Gardner

case decision, as in other numerous related cases, yet why has the

V.A. not been compelled to obey the law??? Assuming that the

connection is limited to proximate causation, so as to narrow the

class of compensatable cases, that narrowing occurs by eliminating

remote consequences, not by requiring a demonstration of fault.[n.3]

See generally W. Keeton, D. Dobbs, R. Keeton, & D. Owen, Prosser and

Keeton on Law of Torts, Section 42(5th ed. 1984).

 

 

IT SHOULD ALSO BE NOTED THAT THE SUPREME COURT DOES NOT EVEN

RECOGNIZE THE U.S. COURT OF APPEALS FOR VETERANS CLAIMS AS A TRUE

FEDERAL COURT. (THIS SHOWS US THAT SOME SANITY, STILL EXISTS TO A

CERTAIN EXTENT). In several decisions, the High Court completely

jumped over the Court of Veterans Appeals from the BVA to the Federal

Court of Appeals, thus leaving out the Court of Veteran Appeals as if

it does not exist. Again, it should be noted that the

Veterans "Court" is supposed to be an Appellate Court, and yet, an

Appellate Court is a court which hears cases from a lower court.

These veteran's cases have NEVER been to a lower court, only to the

V.A. IN ESSENCE, THIS FRAUD OF A COURT IS CONSIDERED NOTHING MORE OR

LESS THAN AN EXTENSION OF THE V.A.

 

 

These laws comprise an integral part of the "STACKED DECK" that our

disabled veterans must face, as they file claims for benefits; and

disability compensation that most of them will never see due to V.A.

thievery…

 

 

VETERANS FOR CONSTITUTIONAL LAW, LTD.

 

112 Jefferson Avenue

 

Port Jefferson, N.Y. 11777

 

Tel: (516) 4 74-4261 · Fax (516) 4 74-1968

 

 

 

http://www.egroups.com/group/vetNET2000  get your vet's info. here

..............

 

REMEMBER DISABLED VETERANS, GOT TO BE DISABLED VETERANS

                  PROTECTING YOU !!!!

<><><><><><><><><>><><>><>><>><>><>><><>><>><>><>><<>><><><>

I am In Protest of the unfair treatment of America's VETERANS by the VA &

the US Government.... I am sickened by the Lies,and the

Discrimination,taking place in this country today against our Veteran's..I

will VOTE for only those candidates that are for change in the way our

Government does business, And for only canditates that will fight for our

second amendment rights, And will fight for Veterans Rights, And will not

let the liberial press dictate US Government policy... I would hope you

would do the same...VOTE !!!!!!!!!

<><><><><><><><><><><><>><><><><><><><><><><><><><><><>><>

The US Government Lied and Continues to Lie to Veterans About Benefits and

Health Care, And The VA Still Continues to Discriminate Against America's

Veterans..............

 

"THINKING ABOUT JOINING THE MILITARY ?? THINK AGAIN !! THE US GOVERNMENT

DOES NOT AND WILL NOT KEEP IT'S PROMISES MADE TO AMERICAS VETERANS ABOUT

BENEFITS AND HEALTH CARE"

<><><><><><><><><><><><><><><><><><><><><><><><><><><><><><>    IF IT WERE

NOT FOR AMERICAS VETERANS WE'D BE CALLING YOU COMRADE !!!!!!!!!!!!!!!!!!

<><><><><><><><><><><><><><><><><><><><><><><><><><><><><><>

STOP YOUR BITCH-EN AND WRITE TO YOUR CONGRESSMEN AND YOUR SENATORS AND BITCH

TO THEM, IF THAT DON'T WORK !! VOTE  LIKE I DO !!! AND TOGETHER WE'LL FIRE

THERE ASSES !!!!!!!

<><><><><><><><><><><><><><><><><><><><><><><><><><><><><><>

ROBBERS,RAPERS AND EVEN DRUNK DRIVES HAVE MORE RIGHTS THAN VETERANS, THEY AT

LEAST GET A REAL TRIAL, THE JUSTICE VETERANS GET FROM THE VA IS!! SORRY

ABOUT YOUR CLAIM SIR:.......BUT !!!! WE LOST YOUR PAPERWORK!!!!

<><><><><><><><><><><><><><><><><><><><><><><><><><><><><><>

Whose flag are we under these days?  Have you ever wondered? Why ??? The

MIA’s recently returned from Korea were draped, not in the US flag, to which

they swore allegiance to and died under, but the UN flag ?????. The UN also

wants our guns. I say hell NO and Kiss Off give the UN the boot it's not

needed anymore !!!!!! don't let the UN dictate to the US what they did in

Australia, they took all the guns from everybody except the crooks.....