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    • michael09070  »  CS2(SW/AW)

      well just checked va.gov and the chicago va hasnt moved one claim off remand in the last 7 work days at least stuck on 19887. this means my claims will be tied up for the max of 29 months. now thats on top of the 10 years it took to get bva to award my claim.
      i started tracking the remand back log on feb 7 and at that time there was 23905 in front of me, so that less than a thousand claims assiged per month so it will take 2 years for them to even awarad me what the judges declared what a shame.
      just sucks
      · 2 replies
    • Michael Gonzales

      I've  prepared a FTCA claim and submitted it to Washington D.C. to the Office of the General Counsel (Veteran Affairs). They aren't addressing the matter it's ok I'm preparing for the district court
      ashlee191.pdf
      · 0 replies
    • Michael Gonzales

      Comments on unadjudicated claims.  It has been a while since I’ve checked my account, furthermore,  if I may clarify my assertion with specificity. In April of 2000 I was discharged from USMC and a pre-discharge claim was submitted  for this veteran. 1. assertion was awarded and 1. Assertion was denied. However, no NOD was submitted and 12 months thereafter this claim was finalized. To clarify, the precedence what was overlooked was the responsibility to reasonable raise all issues from the service record, either record STR, SRB to achieve a maximum plausible optiuium the DVA's expectation.  Nevertheless, when  the VCAA of 2000 became law , thereafter, every claim well grounded was to be readjucated and given applicable statutory and regulatory statute of the VCAA of 2000. This veteran claim was never addressed and based on the inferred claim doctrine , freestanding, in statutory written language of the raised claim doctrine. Thus, my CUE at the BVA currently and I preparing my argument for all (3) levels CVAF, Appeal and my theory to entitlement is sound I’m prepared to argue before the justice ( supreme court) with respect. Based on the following.
      1 My collateral attack is on the “claim” not every specific assertions the claim is unadjudicated and certain assertions have been adjudicated.
      2. My theory to entitlement agrees CUE does not apply to an adjudicated claim, however, collateral attack attempts to address issues of inferred and raised disabilities would have been raised from a liberal read of the evidence and the erred error of don’t properly adhering to the fundamental principles of our due process infrasture. Simply, they erred and because of prejudice and grace procedural error my right to be heard and treated as law declared was errounous taken from me. Every disability I’m awarded for is well documented in my records and would have been raised if due process was respected. For 17 years they would not allow my claim and it appeals to leave the regional  office. The evidence of the entire claims file is alarming and I’m addressing this matter of law by the submission  of a Writ of Relief  under Mandamus  to the 9th District Court under the APA for a pronouncement of injunctive action and the federal question for jurisdiction of subject matter pertaining to constitutional violations . Here is my opening statement: any feed back  I’m about 26 pages finished this us just raw opening  need to insert my case law and proper format to their federal pleading rule 
      Per pursuant of rule 21 of this honorable court a declaratory and injunctive relief in the nature of a Extroaditory Writ of Relief of Mandamus is sought. Furthermore, such Relief of Mandamus is plead for equal protection to emcompass an equal right to achieve equal justice as one believes equal justice is. Therefore, this petitioner Michael B. Gonzales whom is a pro-se petitioner, furthermore, as noted, seeks a declaratory and injunctive relief in the nature of a Extroaditory Writ of Relief of Mandamus under the All Writs Act, 28 U.S.C. § 1651(a). Furthermore, relief sought is to squash the inequalities of unconstitutional deprivements, thereafter, if relief is granted such relief will enlighten the emcompassment to allow” equality of law” thus protecting ones’ pursuant for equal protection under law. Therefore, from ones' believe pertaining to equality of law, therefore, and how equality of  law in such cause is encompassed from the fundamental principles of our 14th Constitutional Amendment Equal Protection Clause. Thereafter giving the optiuium to enhance  “equality”  to enlighten ones ‘ protection under law,  as in such cause, to be given justice considered equal justice. Furthermore, to seek justice under law to grant relief for exceptional extraorditory and drastic acts. Thereforth, under 5 U.S.C. §§ 555(b) and 706(l) of the Administrative Procedure Act allows this honorable court to grant relief. Thus this  petitioner agrees section 5 U.S.C. § 551 et seq. does not provide an independent basis for subject matter of constitutional questions of law: See Califano v. Sanders, 430 U.S. 99, 105 (1977). Thereforth, under section 28 U.S. Code § 1331 the Federal Question this honorable court, specifically, for acts of undue delays and constitutional matters of law  and violations of the Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq. ("Title VI" and Title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12111 et seq., and Section 504 of the Rehabilitation Act of 1973. Thereafter, gives thus court jurisdiction of this petition to grant relief by the order of Mandamus.
       Moreover,  from such enlightment this Court can  “compel the Department of Veteran Affairs to take appropriate action to apply statutory and regulatory statute when adjudicating petitioners’ appeals unlawfully withheld or unreasonably delayed.” 5 U.S.C. § 706(1). Thereafter, for an equitable right from this honorable courts pronouncement if granted relief, thus and thereafter, this petitioner can achieve “justice" as this pro-se petitioner believes equal justice is. Thus, in such cause, the presumption of ones' believe of “equal” is the emcompassment to safeguard the petitioner under equal protection a fundamental core value our democracy “justice for all” see: Marbury v. Madison, 5 U.S. 137. Thus, the All Writs Act, 28 U.S.C. § 1651(a) which can  grant this court authority per pursuant to the All Writs Act, 28 U.S.C. § 1651, which allows relief of extraordinary acts considered drastic by deprivement imposed upon the petitioner see Erspamer v. Derwinski, 1 Vet.App. 3, 7-8 (1990). 
      · 0 replies
    • Monching53  »  Tbird

      I am looking for help...what is the interpretation of this policy by my previous employer: (VA medical center.
      d. It should be noted that if an employee is no longer qualified or able to perform the essential functions of the job, VA is not ordinarily absolved of the duty to provide reasonable accommodation.
       
      I am trying to justify that the accommodations provided to me were not reasonable accommodations and I was in a "protected environment" during the last years of my employment Provisions made were:
      1.Permanent change of shift until my retirement, not availed to anybody.
      2. Hired another staff( undue cost) to perform the essential part of my job(Lifting and positioning patients)
      3. Let me sleep and let me go home without charging me leave. Any clarification to what it means is appreciated. Thanks
      · 1 reply
    • jamescripps2

      You might like to check out my articles at
      vatheredneckway@wordpress.com
      · 0 replies
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