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No Room For Dying Veteran? Will Veterans Scream Foul?
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allan
No room for dying Veteran? Will Veterans scream FOUL?
Posted by: "Tanya Boozer" tanya@praiseyah.com tanya_boozer
Thu Oct 30, 2008 7:55 pm (PDT)
This is from another group; good information.
I just read a post in US Military Veterans List about an Oct. 15,
2008 article written for the Tampa Bay Times by staff writer
William R Levesque titled “No room for dying
Veteran?” The article and post recount the VA denials of
care and payment for emergency care by private providers to
Veteran James Carroll of Zephyrhills Florida.
The article talks about the number of times that Veteran Carroll
has been into private emergency rooms and admitted to that
hospital for care from the ER and that the VA has refused to pay
the bills for those emergency occasions.
Veteran Carroll is reportedly being represented by the Veterans
for Common Sense, whose director, Paul Sullivan is quoted as
referring to the situation as “It’s a
disgrace…”.
I wonder why no one has cited the applicability of 28 CFR §§
17.52 hospital care and medical services in non-VA facilities,
and; 17.53 – 17.65, as well as; 17.121 which covers the
mandate that the VA pay the costs of emergency care and emergency
admittance care at non-VA medical facilities.
Veteran Carroll has an excellent case for a Notice of
Disagreement and Demand for Hearing Before the Veterans Board of
Appeals (NOD) to be filed with the clerk of the Veterans Court.
Given Veteran Carroll’s advanced medical conditions, the
VBA appeal can be handled on an emergency “top of the
list” basis if demanded within the NOD.
At the same time, because Veteran Carroll’s rights and the
VA’s responsibilities to pay were specifically mandated by
the 38 USC and 38 CFR’s and have also been previously
mandated by the VBA in Citation no.: 0519111 Docket no.: 04-20
235A, Veteran Carroll and his representatives have the lawful
right to file US District Court litigation against the VA for
Conspiratorial Deprivation of Civil Rights and Contempt of Court
Order as the emergency medical care provision and payment issues
are EXACTLY the same as in the VBA previous case cited above.
The reason we Veterans do not see faster improvement of the VA
care and response to Veterans is that we DO NOT take advantage of
our legal rights to use the courts and to bring penalties against
the VA for its violations of law and court precedent rulings.
The illegal application of the FERES Doctrine to bar litigations
by Veterans against the VA has been overruled and Veterans DO
have access to the US District Courts for sueing the VA for their
violations of law and their intentional infliction and
prolongment of emotional and physical pain and distress.
The situation Veteran Carroll no finds himself in is a prime
example of what the VA will purposely do to any Veterans they
feel can not sustain the battle for their civil rights.
If more Veterans would take these issues to court while they
still have the stamina to battle the VA, there would be far fewer
instances of the VA playing such games – because it would
get far too expensive in court awards!
Those Veterans who do have the stamina to sustain such litigation
should do so and should understand that every time they file such
a litigation against the VA they are making it easier for less
able Veterans to get their issues ordered resolved by the courts
on the basis of Res Judicata (it's been decided befiore in these
other Veterans cases therefore I am entitled to the same ruling
without re-trial of the issue!).
In short, every time one Veteran wins these issues in court, that
Veteran has done a service for all Veterans making the next
litigation on such issues much easier to win. With enough such
litigations it necomes an issue of our older, more disabled, less
stamina Veterans just filing their complaints and they get a
ruling based upon Res Judicata!
Each of you can still proudly and patrioticly serve your selves,
your fellow Veterans, and your nation, just by taking the VA to
court for violating the law!
If any of you consider talking your VA issues into US District
Court, 1) do not challenge the
VA about it’s claims processes and 2) do not use 28 USC as
the basis for your litigation.
1) the US District Courts do not have jurisdiction over the
VA claims process, that is handled ONLY via appeal through the
Veterans Court!
2) The VA has – under lawful authority – the
right to stop all benefits and compensations paid to a Veteran
who wins an award from the VA under a title 28 USC litigation
until the amount that would have been paid in benefits and
compensation matches what was won through the title 28
litigation.
Instead, bring your litigation under the provisions of title 42
USC under the sections covering conspiratorial deprivations of
civil rights under color of law. Under that umbrella, the VA is
prohibited from considering any resulting court award or out of
court settlement as income to the Veteran and cannot stop either
benefits or disability compensation payments to the Veteran.
Using that avenue, the Veteran gets his/her rightful VA benefits,
disability compensation and any financial award or settlement for
the deprivation of civil rights litigation! That’s the
way justice is supposed to work – the litigant gets what
is rightfully theirs AND any restitution and punitive damages
awarded by the court or in settlement.
I hope that those representing Veteran Carroll are aware of these
factors and will use them for the best benefit of Veteran Carroll
and his family.
(All herein are personal opinion, I am not a licensed Doctor or
Lawyer.) Gary Kendall: disabled USAF Veteran; Constitutionalist;
Veterans'/citizens' rights activist; US recognized/register ed
Sovereign, independent entity. "For any/all Corporate
Agents/informants/ investigators et. al. working in collusion,
monitoring my mail and any other communications without my
permission."
"I sui juris, a republic of Vermont - or any place in which I may
be - National American Sovereign neutral non-combatant by law,
declare to all Corporate combatant FEDERAL and/or STATE Agents
and/or 3rd parties that I am not a Corporation and/or UNITED
STATES/STATE Created Fiction and I am accepting all Oaths and
Affirmations declared Under Penalties of Perjury "so help me God"
and returning any/all actions from the same being brought/sought
against me for want of Geographical Jurisdiction and Venue."
Veterans are Congressionally mandated to be given the best
medical care available in the United States, it is time that
Veterans stood up and demanded that level of care from the VA.
MARKETPLACE
<http://groups. yahoo.com/ group/vetcivrigh ts;_ylc=X3oDMTJm ZzhrdnEz\
BF9TAzk3MzU5NzE0BGd ycElkAzE5NzQzNDg 3BGdycHNwSWQDMTc wNjA0Mjk4OARzZ\
WMDdnRsBHNsawN2Z2hw BHN0aW1lAzEyMjU0 MjA0MzU->
.
Thomas W. Trefts Director of The Unified Veterans Coalition
http://xsorbit27.com/users5/unifiedveteran...ition/index.php
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