Jump to content
HadIt.com Changes Ownership ×
VA Disability Claims Community Forums - HadIt.com Veterans
  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.


  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story.
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   


  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

Vets Win Landmark Decision: Due Process Guaranteed For First Time



  • HadIt.com Elder

VETS WIN LANDMARK DECISION: Due Process Guaranteed for First Time

Posted on August 18, 2009 by gordonduff



By Michael Leon STAFF WRITER

Editors Note: Must Read!

As the U.S. Dept of Veterans Affairs (DVA) has become infamous for its culture of denial of veterans' claims, a potentially landmark decision may signal an end to this bureaucratic phenomenon that has caused veterans' advocates to shake their heads in disbelief for decades.

Signaling a judicial mandate that U.S. governmental agencies follow the law, a top federal appellate court has ruled the Court of Appeals for Veterans Claims (CAVC) and the Dept of Veterans Affairs (DVA) violated the due process rights of a Vietnam War Marine veteran in wrongfully deciding his disability case.

The case, Cushman v. Shinseki (No. 08-7129), rules that this Marine veteran like other Americans is entitled to a fair hearing in administrative law courts such as the Court of Appeals for Veterans Claims (CAVC).

"The Due Process Clause of the Fifth Amendment guarantees that an individual will not be deprived of life, liberty, or property without due process of law. [u.S. Const. amend. V.] Due process of law has been interpreted to include notice and a fair opportunity to be heard," ruled the Court

The United States Court of Appeals for the Federal Circuit was created in 1982 and hears appeals from all over the U.S. including from numerous federal administrative courts such as the U.S. Court of Federal Claims and the U.S. Court of Appeals for Veterans Claims (CAVC).

The case is described by Larry Scott of VA WatchDog as a "landmark decision ... which could impact hundreds of thousands of veterans."

The ruling is hailed by Philip Cushman, the Marine veteran who filed the complaint, in an e-mail to Larry Scott: U.S. Court of Appeals for the Federal Circuit, [has] recognized a PROPERTY RIGHT INTEREST in a VA claim, thus triggering the legal protections of DUE PROCESS OF LAW which mandates a FAIR and IMPARTIAL VA adjudication process. This [is] a HUGE victory for the [nearly] MILLION veterans now caught up in VA backlogged claims denial mill.

The Court decision concludes: Mr. Cushman demonstrated that his injury meets the service connection requirement of [united States Code]. Mr. Cushman has a constitutional right to have his claim for veteran’s disability benefits decided according to fundamentally fair procedures. We find that this right was violated due to the presence of an improperly altered medical record in Mr. Cushman’s file.

We vacate the June 6, 2008 decision of the Veterans Court and remand the case with instructions to grant Mr. Cushman a new hearing before the Board to determine de novo and without the presence of the alterations in his medical record whether Mr. Cushman was unable to secure a substantially gainful occupation between May 3, 1977 and August 31, 1994, because of his service-connected disability.

SOURCE: http://www.veteranstoday.com/modules.php?n...le&sid=8308

Link to comment
Share on other sites

  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

4 answers to this question

Recommended Posts

next steps are finding out what it means--CAFC said this was a case of first impression, so now will come the hard work--determining what level of due process is due, both from a procedural and a substantive viewpoint. Its gonna make the VA squirm, for sure. The Federal rules on due process in the criminal world are fairly tight; the civil world is not so straight-forward; I offer Social Security as a classic example.

Link to comment
Share on other sites

I suspect the VARO will try to use the old: "were sorry your claim is taking so long, but because of the recent court decision concerning---"due process"---"we are still working on your claim to assure we act in the veterans best interest" or we are "reviewing the review of the reconsideration of the appeal of the most recent denial of the request of the de novo review of the last rating decision resulting from the Board of Veterans Appeals grant of service connection." Huh?? *I think the due process will initially slow down the claims process---then it will speed up processing as the VA fails to find loop holes to use or rocks to hide under. We all just went through "shredder gate"--now the VA can't get away with that. Dang!! Now we even expect them to follow and grant us "due process"? Per chance may be way-way back this is what some honest men have written into our Constitution?? If all these years we have been denied due process, we sure as hell have not been given the "benefit of doubt", EITHER. Some times I get the feeling that I'm hanging on the edge of a cliff by my finger tips and the VA is looking down at me, smiling, (just before they "stomp").

Link to comment
Share on other sites

  • HadIt.com Elder

Why is it I giggle every time I hear the VA say that they are working. The VA reminds me of Maynard C Krebs of the infamous Dobie Gillis TV show.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Create New...

Important Information

Guidelines and Terms of Use