Us Supreme Court, The Cova, And Bad C&p Examiners

[teabeeyea]

Medical Examiners are "Expert Witnesses" under the federal rules of evidence. There is a huge body of case law -outside the COVA- that basicly states when an Expert Witness either does not do his job, or who's opinion is obviously full of non-scientific "crap", the FEDERAL TRIER OF FACT must toss the opinion out on its ear..... But only if the other side ASKS that the opinion be tossed out on its ear. The VA is getting away with sloppy examinations exactly becouse Vets don't know that they can OBJECT to the quality of the examination, based on the examiner's lack of qualifications, or lack of care in performing the examination. This body of non-va case law was opened up by the COVA this past summer. To learn more see your local law librarian at your local Law School. Ask for the annotated federal rules of evidence published by "West Law" hard bound copy.

UNITED STATES COURT OF APPEALS FOR VETERAN'S CLAIMS Joseph Martinak v. R. James Nicholson COVA Docket No. 05-1195, Argued June 14, 2007 Decided August 23, 2007 before Judges Kaskold, Moorman, and Lance.

UNITED STATES SUPREME COURT RULING

Kumho Tire Company, Ltd., et al. v. Patrick Carmichael et al.

526 U.S. 137; 119 S. Ct. 1167; 143 L. Ed. 2d 238; 1999 U.S. LEXIS 2189; 67 U.S.L.W. 4179; 50 U.S.P.Q.2D (BNA) 1177; 50 Fed. R. Evid. Serv. (Callaghan) 1373; CCH Prod. Liab. Rep. P15,470; 99 Cal. Daily Op. Service 2059; 29 ELR 20638; 1999 Colo. J. C.A.R. 1518; 12 Fla. L. Weekly Fed. S 141 Prior history: On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit

UNITED STATES SUPREME COURT RULING

William Daubert, et ux., etc., et al., Petitioners v. Merrell Dow Pharmaceuticals, Inc. Citations:

509 U.S. 579; 113 S. Ct. 2786; 125 L. Ed. 2d 469; 1993 U.S. LEXIS 4408; 61 U.S.L.W. 4805; 27 U.S.P.Q.2D (BNA) 1200; CCH Prod. Liab. Rep. P13,494; 93 Cal. Daily Op. Service 4825; 93 Daily Journal DAR 8148; 23 ELR 20979; 7 Fla. L. Weekly Fed. S 632 Prior history: Summary judgment granted to defendants, 727 F.Supp. 570 (S.D. Cal. 1989); affirmed, 951 F.2d 1128 (9th Cir. 1991); certiorari granted, 506 U.S. 914 (1992)

FEDERAL RULES OF EVIDENCE:

Rule 702: Testimony of Experts

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.

Martinak_05_1195.pdf

[RSG]

You guy's should go look at www.mofo.com, They have filed a class action lawsuit against the VA.The file name is PTSD070723.

I can send it to you if you need to see this, About 575 point of law that they have violated with reference to us.

Not wierd at all, Pete. I had two C&Ps done by VA docs...both favorable and one from a QTC quack that wasn't. It's a dog a poney show. Words on paper...that affects lives and livelyhood. And some kid doesn't get to go to college because some quack is on the take.

It's plain dollars and cents...someone else's or a bridge to nowhere in Alaska. A man or woman's sacrifice to their country isn't worth the cost of a cup of coffee.

Altho' not very patriotic, I wish every man or woman contemplating entering the service would spend a few weeks here on Hadit. See the garbage that our governmant perpetuates on honorable Veterans and hope it changes their minds.

I received a response back from the AMA. Canned propaganda. No help, no promise, no harm, no foul. They look out after each other like the band of thieves they are.

There is no justice in Amerika, especially for those that protect it.

jaz

[Berta]

Yes I posted that info here and it pays to remind us all-Thanks!

I think this could be in the long run-one of the most important pieces of litigation that the VA has ever had to deal with-

and I believe the affect-if these vets succeed- will have far reaching ramifications for all vets now and future veterans as well-

Widows have taken them on too re: DIC-SBP offset-

[RSG]

How do I refute a lousy C&P examiners statement. my case is at the board of veterans appeals and the keep asking for more evidence. Is this just another cop out.

Yes I posted that info here and it pays to remind us all-Thanks!

I think this could be in the long run-one of the most important pieces of litigation that the VA has ever had to deal with-

and I believe the affect-if these vets succeed- will have far reaching ramifications for all vets now and future veterans as well-

Widows have taken them on too re: DIC-SBP offset-

[cowgirl]

Can you tell us a bit more. What do you disagree with and what have you done so far? Do you have a IMO? current diagnosis? VSO? what type of 'evidence' are they asking for? best to ya, cg

How do I refute a lousy C&P examiners statement. my case is at the board of veterans appeals and the keep asking for more evidence. Is this just another cop out.

[RSG]

They were are saying in the SSOC that I had gone to a shrink 6 month's prior to my enlistment, for one thing. That is what the management center is basing thier decision on. Totally untrue. The C&P exam test they gave me (300 Question) Was so bad the couln't rate it. Current diagnoses from 1969 till the present Is the same, Major Depression, 4 mos of treatment at Oak Knoll NAval Hospital while serving, Discharged honorably. I have all the records prior to enlistment to the present.

every thing shows that I was first diagnosed in "69" and Still have this Issue. Multiple diagnoses of the same. Been under treatment since 1995.Currently retired by SSD for the same. Don't understand IMO. DAV is VSO, Absolutely no help, other that submitting paperwork. Also this has to be the 9th time I've submitted for this since 1969, denied everytime. I have every record

since 1969. Showing mental and physical health prior to and at enlistment saying I was perfectly healthy.The original C&P exam was for PTSD, and the PTSD claim was dropped from the claim by DAV's recommend, As well as a claim for chemical exposure, dropped also. The only thing remaining is the Major depression issue. All but one VA Dr. agree with the Major depression and all have written letters on my behalf, including civilian dr's. Even the Vet Rehab Center Dr's and LMSW's agree.

Sorry, but I could be a lot more long winded. This is really getting irritating.

Can you tell us a bit more. What do you disagree with and what have you done so far? Do you have a IMO? current diagnosis? VSO? what type of 'evidence' are they asking for? best to ya, cg

[cowgirl]

Sorry to hear of your long dilema, we hear you at Hadit and can share feedback if thats okay with you. Thank you for your service from one veteran to another. So relax, we are on board trying to see how it goes for you. An idea is to start another post specifically for your issues with the VA. I'll keep you on my radar (er, sonar, this navy stuff is fun for ole AF me!) best to ya, CG (I'm SC with mdd&more)

They were are saying in the SSOC that I had gone to a shrink 6 month's prior to my enlistment, for one thing. That is what the management center is basing thier decision on. Totally untrue. The C&P exam test they gave me (300 Question) Was so bad the couln't rate it. Current diagnoses from 1969 till the present Is the same, Major Depression, 4 mos of treatment at Oak Knoll NAval Hospital while serving, Discharged honorably. I have all the records prior to enlistment to the present.

every thing shows that I was first diagnosed in "69" and Still have this Issue. Multiple diagnoses of the same. Been under treatment since 1995.Currently retired by SSD for the same. Don't understand IMO. DAV is VSO, Absolutely no help, other that submitting paperwork. Also this has to be the 9th time I've submitted for this since 1969, denied everytime. I have every record

since 1969. Showing mental and physical health prior to and at enlistment saying I was perfectly healthy.The original C&P exam was for PTSD, and the PTSD claim was dropped from the claim by DAV's recommend, As well as a claim for chemical exposure, dropped also. The only thing remaining is the Major depression issue. All but one VA Dr. agree with the Major depression and all have written letters on my behalf, including civilian dr's. Even the Vet Rehab Center Dr's and LMSW's agree.

Sorry, but I could be a lot more long winded. This is really getting irritating.

Edited February 20, 2008 by cowgirl