Cushman V Shenseki

[Berta]

http://www.vawatchdog.org/09/nf09/nfaug09/nf081409-1.htm

A thought on this important case (which Larry Scott suggested every single VA claimant read over)

When the VA fills out a I-8 and authorizes a claim to go to the BVA-I feel the I-8s could be instrumental in an argument over lack of due process that hinder a proper award.

The I-8 form asks the raters specific questions like-

did the veteran receive a VCAA letter?

did the RO consider all evidence of record?

Stuff like that-

and obviously the VA will mark the I-8 check boxes in the most favorable way- regardless of whether they handled the VCAA letter or evidence right in the first place.

Although this is not the same situation as Cushman was in-whereby the VA altered something in his med recs-and he proved it-

isnt a deliberate documented indication that the RO followed the specific steps as outlined in M21-1 for appeal certificate-but they didnt-

a violation of due process as well as violation of established VA case law and regs?

[allan]

[How can you punish the VA? By taking money away from the institution? That will hurt veterans.]

How about fine & or imprison those who commit the act.

The FBI needs to get involved with arresting & fining those criminals, just like they do when they arrest veterans for their crimes.

Stop the individual, not the agency.

The agency is allowed by congressional members to do as they wish.

[mrsvet28]

When the VA ignores important evidence to a claim that is surely a violation of due process. This is what my lawyer in my CUE said. I wonder if this decision could affect my claim since the decision was not in effect when the error was made in my claim? I wonder if this decision could be the basis of a class action lawsuit against the VA? Undue delays, lost evidence, distortions of evidence all seem to be violations of due process. I hope this decision is more than just a whack at claims that were fraudulently alterd. That is a more narrow group of victims. What about a claim where you have three IMO's that the VA just ignores or dismisses out of hand? My gut tells me this is a violation of due process, but the technicalities I am not certain about. VA has proven they can't be trusted without a whip hand to make them behave.

Like they do to Mrvets-3 IMO's-buddy statement-and SSD- :D

[broncovet]

You have to appeal, appeal, and beat the VA over the head to get them to do what they are legally required to do. They will violate the rules just to see if they can get away with it with you..they want you to have to appeal, because that gives them more time for you to die, abandon your claim, or to forget about the appeal.

Even when the Veteran finally wins his claim, he looses because the VA got an interest free loan on his VA benefit money usually for years.

[vaf]

I'd love to see a copy of the VA Form I-8 Form Berta spoke about here, if anyone's got one in a copy of their claims file. If so, please block out the personal stuff and scan, I think we can all use it. I'll check my husband's claims file copy to see if one's included. If so, I'll scan and post it.

Thanks!

[carlie]

I'd love to see a copy of the VA Form I-8 Form Berta spoke about here, if anyone's got one in a copy of their claims file. If so, please block out the personal stuff and scan, I think we can all use it. I'll check my husband's claims file copy to see if one's included. If so, I'll scan and post it.

Thanks!

vaf,

http://www.va.gov/vaforms/va/pdf/VA8.pdf

VA_Form_8_PDF_Certification_of_Appeal.pdf

[vaf]

Thank you, Carlie -- I was looking for I-8 instead of Form 8. This works great!