Court Case On Secret V.a. Rules

[deltaj]

Could someone post a link to U.S. Court of Appeals for the Federal Circuit case entitled 2008-7076 Order of the Purple Heart and National Veterans Legal Services Program v. Secretary of Veterans Affairs? This case was decided September 10, 2009. It concerns V.A.'s secret internal rules permitting review of a decision by the C & P Director and reduction of a claimant's award without notice to the claimant or the claimant's representative if an award is $250,000 or more or the effective date is more than 8 years ago. What a creepy, crooked practice. Folks, if you are a V.A. claimant you leave your Constitutional rights to due process of law at the door as you enter the V.A.

Edited September 29, 2009 by deltaj

[Vync]

At worst, they will put you in the claim file records room and have you alphabetizing the folders.

[grent]

Just to add- although I made this point before many times-

If any vet has a mental disability and obtains an IMO- the vet should ask the IMO doctor to state they are competent.

A big stall tactic for VA has been -when the mentally disabled veteran gets large award- to propose to declare them incompetent.

This does protect many veterans. I know a bi polar veteran who would have spent his retro in a weekend- it was around 250,000 bucks- he was the one I mentioned here when he won-who wanted to take me out to lunch for helping him-

lunch in Ireland-

It took many months for VA to interview his wife and she became his payee.

Still- this proposal of incompetency often has no merit at all-

if the vet was already receiving SC comp and thus competent enough to handle their prior SC award, why should they suddenly be deemed incompetent just because the VA got off its butt and finally awarded them what they obviously should have been receiving for years.

I wish we could propose that some VA employees are incompetent. ;)

hi

good afternoon

i am waiting on a retro that involves lost records being finally located

can you please direct me to the two cases you mentioned since i have psych rating already

im trying to get my psych rating increased to with imo and if the doctor sez im not competant will that hurt my retro?

personally i would not do not as a rule trust the va as far as could throw them and then some thats just me based on prior c and p s which are always a sham exam

i found by using my medicare card and medicare doctors for my imo and all my va service and non service connected medical issues the cost for my imo s has been free honest and the doctors are really caring about veterans on the whole their nice to me most of the medicare doctors call me and ask me when i need an imo and they have never charged me not once for an imo

i just bring jim stricklands imo guide to my medicare doctors when its time for c and p

and they give me a copy and then mail a hard copy to comp and pension department

thanks for your time i would like to review those two cases when im feeling better when i miss my meds for a day i wind up in the emegency room i hate atenelol

and to all veterans on vets day you will be in my thoughts and prayers at church i always try to make church on nov 11 no matter how sick

part b medicare covers my pysh private non va psychiatrist visit 80 %

d is my drug and i have a supplment c to cover my deductibles

[Testvet]

James:

Thanks for your input and also your frank and helpful posts helping Vets see that there are some dedicated people who work for the VA.

I think that the time you spend telling us what is needed to make a claim work is a gift.

Pete

I have to agree with Pete your assistance and knowledge is a great asset to veterans, since you are able to understand why there are vets who suspect the dealings they have are a lot more than the "non-adversarial" process it is advertised as, to many of us it is the worst battle of our military lives, some of us have been lied to, lied about, had SO's that did little or nothing to help us advance our claims, every SO I ever spoke with told me I could NOT get my CAD and hypertension SC secondary to PTSD and they refused to even write it up, well they were wrong and it took a BVA Judge to award it, but he did.

I am grateful for the time you do come here and share your expertise, it may make the claims process easier for some of the veterans or their widows to deal with since you can tell them the real low down, from the upper floor types that we never get to see. I am going to start a new topic and wish you would look at it and tell me if I am wasting my time. Thanks Mike

[deltaj]

hi

good afternoon

i am waiting on a retro that involves lost records being finally located

can you please direct me to the two cases you mentioned since i have psych rating already

im trying to get my psych rating increased to with imo and if the doctor sez im not competant will that hurt my retro?

personally i would not do not as a rule trust the va as far as could throw them and then some thats just me based on prior c and p s which are always a sham exam

i found by using my medicare card and medicare doctors for my imo and all my va service and non service connected medical issues the cost for my imo s has been free honest and the doctors are really caring about veterans on the whole their nice to me most of the medicare doctors call me and ask me when i need an imo and they have never charged me not once for an imo

i just bring jim stricklands imo guide to my medicare doctors when its time for c and p

and they give me a copy and then mail a hard copy to comp and pension department

thanks for your time i would like to review those two cases when im feeling better when i miss my meds for a day i wind up in the emegency room i hate atenelol

and to all veterans on vets day you will be in my thoughts and prayers at church i always try to make church on nov 11 no matter how sick

part b medicare covers my pysh private non va psychiatrist visit 80 %

d is my drug and i have a supplment c to cover my deductibles

A link to one of the 2 cases is below provided by Berta to www.vawatcgdog.org. When that link is opened, scroll down to read the court decision is U.S. Court of Appeals for the Federal Circuit 2008-7076 Order of the Purple Heart USA and the National Veterans Legal Service Program v. Secretary of Veterans Affairs, decided

September 10,2009. The other case is the federal circuit decision in Andrew Collaro v. Togo West concerning VA'S secret rules on TDIU claims. Good luck on getting your retro.

Cordially,

Delta Jackson

[broncovet]

James Breckenridge...

We appreciate your posts as it is certainly from another perspective. I just wish there was some way Vetrans could be heard. If we were heard, I think many Veterans who have waited years for their benefits would say that it is more about WHEN we get our benefits, then HOW MUCH we get. Better than 99% of hadit members would agree that Veterans are not getting their benefits in a timely manner, and we feel it is unfair, that the Va is given an unlimiited amount to time to process our benefits, but if we are one day late filing our NOD, it will be denied.

[broncovet]

The VA calling it a "non adversarial" process reminds me of when the politicians refused to call Vietnam a "war". If Vietnam was not a war, then what happened to the 57,000 KIA, and even more Prisoners of War never accounted for? Were they getting together for a crafts fair, trying to learn the Teabury Shuffle? If 57,000 Veterans loosing their lives in Vietnam is not a war, then it would not suprise me that they call the claims process "non adversarial" Was the Vietnam war also "non adversarial" according to the VA?

I get tired of the VA's Euphemism's. They are just plain lies. The VA didn't "mishandle" Veterans documents, they illegally shredded them, and those who did it were granted amnesty. And the VA patting itself on the back calling the claims process "non adversarial" is not only a lie, but an unbelievable one. No one calls a wedding "non adversarial" because they dont have to..everyone knows that both parties agreed to it willingly. The VA calling it "non adversarial" is because, for good reasons, people are seeing it as a war, and the Va is trying to cover it up.

This VA policy is like the kid on Funniest Home Videos. He was caught, in the act, literally with his hand in the cookie jar, on tape. He exclaimed, "I didnt do it.!"

Edited November 2, 2009 by broncovet