Class Action Lawsuit Against The Va

[SouthernBelle]

Is there any way that we can file a class action lawsuit against the VA? I mean, how can WE prove that they shredded our individual documents, and what documents exactly did they shred? I don't think we can prove the actual documents and shredding of said documents, but is proof without a shadow of a doubt necessary to file a class action lawsuit on behalf of EVERY Veteran for the probability or possibility that the VA did in fact, shred our documents? We should look into doing that.

[Pete53]

I think that there was a Class Action Lawsuit against the VA that was denied and now under appeal. It brought a lot of information about underhanded the VA is. The purpose of the lawsuit was to make the VA give better mental treatment to Iraq War Veterans.

[Berta]

Yes but the ;lawyer in tha suit -Paul Sullivan of VCS-is considering I am sure the potential of class action in this situation- I think I mentioned that at VCS blog- but will email Paul As soon as I get a chance.Unlike the other lawsuit- this one would have a monetary gain if vets can prove they were improperly denied due to VA negligence.

One of the most difficult things about Class Actions is getting the'class' certified.

In my opinion-all vets and widows who write to the House Committee on Veterans Affairs and briefly detail how they themselves as claimants were victimized by lost or missing critical documents through their claims process-

would be prime facie evidence for any attorney to use to certify a class of veterans and widows adversely affected monetarily by the VA OIGs recent findings.

There is more to come on this fiasco for sure- but this is one way a lawyer might well take on a class action case.If vets and widows do that.

Class action members have to be defined as belonging to the class- such as in the old AO lawsuit.

My husband's first application to be in the old AO class Action lawsuit was denied.

I wrote to Judge Bernard Richland here in NY who was handling the AO Settlement Fund asking him (since he signed the denial) for his written assurnace that Rod would never get an AO disability because AO was dumped on Rod in Ashau Valley and stayed on his utilities (USMC) for weeks because they were in battle and couldnt wash their clothes.

He immediately reviewed my husband's DD 214 and other evidence we sent and the check was in the mail in 3 weeks-with Rods exposure fully confirmed.The Judge had the spraying maps and clearly knew that Rod was sprayed from the air in Ashau.

The AO Settlement Fund used the same tactics early on that VA does today-

deny before you even consider the evidence and hope the vet will not appeal.

Their class was defined as any vet who was totally disabled from any cause and who had served in Vietnam.

The VA however never considered this large class of veterans as all being presumptive.

meaning any disability that causes 100% disability in any Vietnam vet should be sced.

Of course the VA will never see it that way.

Edited October 24, 2008 by Berta

[SouthernBelle]

The question would be how do we prove that they shredded the documents vital to our personal claim if they shredded the document?

[Berta]

Sometimes the only advantage to having a POA is to have a backup copy of what we sent to the VA and this can prove what they shredded.

The DAV made this point in their response to this latest fiasco.

If all a vet has is a copy of something and a green certified card, they might well have a heck of a time proving exactly what that card involved that VA signed for.

I have so many green cards from VA submission over last 20 years I look like an illegal alien- but I started priority mailing with tracking slips-

and I sent copies of everything to my POA NYSDVA (who apparently destroyed them in the POA file hoping VA would too).

NYSDVA is overdue on a response to my latest FOIA.

I checked with the OGC and they said go right ahead and send it in spite of my 24 page complaint against them.

It took NYSDVA less than 3 weeks to lose copy of my NOD on my CUE claims.

I made the temporary rep at their Bath VA office look into the file himself and then he looked everywhere he could think off- less than 3 weeks priority and it was already gone.A NOD.

I was even more startled to find a transcript in my POA file in which the local rep who buggered my AO claim told his boss I had only come in once or twice and didnt ask them to represent me.

The evidence I have Clearly indicates that I was there many times as I did some volunteer work for them and helped other vet claimants they held POA on.They had held by POA for 6 years before I filed the AO claim.

The VA had help with some of this shreddergate crap.

Edited October 24, 2008 by Berta

[Pete53]

Most POA's do not keep copies of anything merley foward or send as original for the claimants.

[grent]

Yes but the ;lawyer in tha suit -Paul Sullivan of VCS-is considering I am sure the potential of class action in this situation- I think I mentioned that at VCS blog- but will email Paul As soon as I get a chance.Unlike the other lawsuit- this one would have a monetary gain if vets can prove they were improperly denied due to VA negligence.

One of the most difficult things about Class Actions is getting the'class' certified.

In my opinion-all vets and widows who write to the House Committee on Veterans Affairs and briefly detail how they themselves as claimants were victimized by lost or missing critical documents through their claims process-

would be prime facie evidence for any attorney to use to certify a class of veterans and widows adversely affected monetarily by the VA OIGs recent findings.

There is more to come on this fiasco for sure- but this is one way a lawyer might well take on a class action case.If vets and widows do that.

Class action members have to be defined as belonging to the class- such as in the old AO lawsuit.

My husband's first application to be in the old AO class Action lawsuit was denied.

I wrote to Judge Bernard Richland here in NY who was handling the AO Settlement Fund asking him (since he signed the denial) for his written assurnace that Rod would never get an AO disability because AO was dumped on Rod in Ashau Valley and stayed on his utilities (USMC) for weeks because they were in battle and couldnt wash their clothes.

He immediately reviewed my husband's DD 214 and other evidence we sent and the check was in the mail in 3 weeks-with Rods exposure fully confirmed.The Judge had the spraying maps and clearly knew that Rod was sprayed from the air in Ashau.

The AO Settlement Fund used the same tactics early on that VA does today-

deny before you even consider the evidence and hope the vet will not appeal.

Their class was defined as any vet who was totally disabled from any cause and who had served in Vietnam.

The VA however never considered this large class of veterans as all being presumptive.

meaning any disability that causes 100% disability in any Vietnam vet should be sced.

Of course the VA will never see it that way.

Viet Nam friend of mine gives me this movie called the rainmaker so i watched it was a great movie he was right the insurasnce company great benefit reminded me of the Va. Good movie for a Friday or Saturday.

Grent