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Civil Remedies


free_spirit_etc

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Josephine's question in another thread got me doing a little digging -- Anyway - THe VA - as a federal agency - should be covered under this law.

Could you even imagine if every vet who had a problem with this actually filed a civil suit against the VA over the RECORDS??? Wow!

But Hey! Vets! Maybe there should be a move in THAT direction. The decision they make on the claims is in their dynasty - and they get to interpret the rules.

But DIFFERENT laws pertain to the actual RECORDS they keep.

So there could be a whole new ball park to play in -- vets filing civil suits against the VA for not keeping their records timely, accurate, and complete enough to assure fairness - and decisions consequently being made that are adverse to the individual BASED ON THOSE RECORDS!

Free

http://www4.law.cornell.edu/uscode/html/us...52---a000-.html

TITLE 5 > PART I > CHAPTER 5 > SUBCHAPTER II > § 552a

§ 552a. Records maintained on individuals(g)

(1) Civil Remedies.— Whenever any agency

(A) makes a determination under subsection (d)(3) of this section not to amend an individual’s record in accordance with his request, or fails to make such review in conformity with that subsection;

(:rolleyes: refuses to comply with an individual request under subsection (d)(1) of this section;

© fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual; or

(D) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual,

the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.

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  • HadIt.com Elder

What about the fire in St. Louis where thousands of records were destroyed? Many WWII vets had their entire records go up in smoke. Many claims have been denied on that basis. My father's records were destroyed but I had a copy of his discharge. My father-in-law was a combat marine in WWII and he was denied due to his records being lost in the fire. This is the BS they told his family anyway.

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  • HadIt.com Elder
Josephine's question in another thread got me doing a little digging -- Anyway - THe VA - as a federal agency - should be covered under this law.

Could you even imagine if every vet who had a problem with this actually filed a civil suit against the VA over the RECORDS??? Wow!

But Hey! Vets! Maybe there should be a move in THAT direction. The decision they make on the claims is in their dynasty - and they get to interpret the rules.

But DIFFERENT laws pertain to the actual RECORDS they keep.

So there could be a whole new ball park to play in -- vets filing civil suits against the VA for not keeping their records timely, accurate, and complete enough to assure fairness - and decisions consequently being made that are adverse to the individual BASED ON THOSE RECORDS!

Free

http://www4.law.cornell.edu/uscode/html/us...52---a000-.html

TITLE 5 > PART I > CHAPTER 5 > SUBCHAPTER II > § 552a

§ 552a. Records maintained on individuals(g)

(1) Civil Remedies.— Whenever any agency

(A) makes a determination under subsection (d)(3) of this section not to amend an individual's record in accordance with his request, or fails to make such review in conformity with that subsection;

( B) refuses to comply with an individual request under subsection (d)(1) of this section;

© fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual; or

(D) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual,

the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.

Free, I think this "civil remedy" will be cited more often, as the vets and their advocates come to understand, that at the "court" level of appeal, Title 5 USC becomes very pertinent.

It has taken me years to learn that all Federal Agencies, and with then, the VA all fall under the "Administrative Procedure Act". Chapter 72 of title 38, was added by the Veterans' Judicial Review Act, Pub.L. No. 100-687, 102 Stat. 4105 (1988) (VJRA), Federal Circuit jurisdiction was conferred over appeals from decisions of the Court of Veterans Appeals. 38 U.S.C. Sec. 4092 (1988). At that time, Title 5 USC clearly attached to all veterans' appeals.

I loook mostly to Chapter 7 of the Administrative Procedure Act, but the laws you cited are just as vital. ~Wings

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