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No Room For Dying Veteran? Will Veterans Scream Foul?

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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


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


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


"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.


<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


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