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Court Of Appeals Rules In Favor Of Veteran - New Legal Precedent

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Troy Spurlock

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From the ruling, and I believe this says it all (which is what veterans have been arguing all along):

Veteran's disability benefits are nondiscretionary, statutorily mandated benefits. A veteran is entitled to disability benefits upon a showing that he meets the eligibility requirements set forth in the governing statutes and regulations. We conclude that such entitlement to benefits is a property interest protected by the Due Process Clause of the Fifth Amendment to the United States Constitution.

Sometimes it takes years to win a claim, but as proven here it is well worth it to continue that fight and never give up, never surrender to the incompetence and gross misanagement of disability claims by the VA Benefits Administration.

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  • HadIt.com Elder
Yes, Bob, and the fire in St. Louis destroyed mostly Army records from WWII. The VA claimed my father-in-laws records were destroyed and he was a Marine. I think they lied because they were too lazy to look for his records. They also claim my father's records were destroyed except I have them.

Glad to hear that you kept your father's records, John. I got my dad's service records for him too.

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  • HadIt.com Elder

The archives copied what records they could even after the fire and will release what they have for a fee. Did that with a relative and the pages show the edges of several pages burned, but amazing what data was legibile. That was our third attempt to request records for that person and was told the truth about them being in the fire. surprised us.

Yes, Bob, and the fire in St. Louis destroyed mostly Army records from WWII. The VA claimed my father-in-laws records were destroyed and he was a Marine. I think they lied because they were too lazy to look for his records. They also claim my father's records were destroyed except I have them.
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