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Va Disability Compensation Is A Constitutional Right

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Troy Spurlock

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http://vids.myspace.com/index.cfm?fuseacti...ideoID=63954942

In a recent ruling (which I posted of earlier in another area of the forum here), a federal court ruled that a veteran has a 5th Amendment property right to disability compensation claims.

I discuss this ruling and much more in this interview I did; things that include the failures of the VA claims process and other inherent problems found within the VA.

Take a peak and let me know what you think!

Thanks!

One vet helping another vet...all for one, and one for all!

Troy Spurlock

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The view of the Disability Compensation as Constitutional Right is a very positive development as far as doctrine goes, but what would be the tangible benefits of such change.

The 5th Amendment to the Constitution of the United States states that "no person shall?be deprived of life, liberty, or property, without due process of law." This right was extended to the states by the 14th Amendment (1868). Fundamental to procedural due process are adequate notice before the government can deprive one of life, liberty, or property, and the opportunity to be heard and defend one's rights.

In the past the VA out of blue for absolute no logical reason whatsoever decided to strip me out of my Disability benefits simply because I was unable to show on to an appointment that took place in a different town (hundreds of miles from where I live); so based on their logic given the fact that I was unable to show on to such an appointment a miracle have happened and all the chronic ailments and disabilities that affect my body were cured (in all my last C&P Exams the doctors pointed out on their report that there is no perspective of improvement of the condition, so I guess that is not going to happen anyway…, but one never knows…). Wouldn't it be at least rational for the VA to only be able to withdraw such benefits if there is clear and unmistakable recurrent medical evidence showing that not only has the primary conditions but also their collateral and secondary conditions have been magically (for lack of a better word) cured. When first enacted the so called "disability benefit" was not even considered a right, but more of a given. Would such supreme court decision change all of that?

Another issue that I very often have confronted myself with is the idea of "due process" as far as the VA's decision making process is concerned: it is more often than note inconsistent, full of discrepancies, and last but not least disrespecting and disregarding the medical evidence, records, and statements of all parts involved. All in all it is plain outright against any basic principle of substantive or procedural due process. Wouldn't it be a basic and essential right in any civilized society that once one is confronted with such undue process and outright negligence, disrespect and disregarding for one's basic rights that one could simply sue the VA? (I heard that there is cap for how much VA will pay in case of medical malpractice and negligence, thus many attorneys simply are not interested in pursing cases against the VA; would that be case in a lawsuit against the VA in function of the violation of one's constitutional rights: due process is the case in point?) . Couldn't veterans victimized of such disfunctional system that more often than not disrespect, disregard and disconsider all the evidence on file on occasion of making the decision be able to sue the VA rather than going through the VA's own appellate process that takes more time to be complete than any equivalent appeal in the legal system of the most miserable and corrupted riddled country in the African Sub-Saharan region?

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  • Content Curator/HadIt.com Elder
In the past the VA out of blue for absolute no logical reason whatsoever decided to strip me out of my Disability benefits simply because I was unable to show on to an appointment that took place in a different town (hundreds of miles from where I live); so based on their logic given the fact that I was unable to show on to such an appointment a miracle have happened and all the chronic ailments and disabilities that affect my body were cured (in all my last C&P Exams the doctors pointed out on their report that there is no perspective of improvement of the condition, so I guess that is not going to happen anyway…, but one never knows…). Wouldn't it be at least rational for the VA to only be able to withdraw such benefits if there is clear and unmistakable recurrent medical evidence showing that not only has the primary conditions but also their collateral and secondary conditions have been magically (for lack of a better word) cured. When first enacted the so called "disability benefit" was not even considered a right, but more of a given. Would such supreme court decision change all of that?

I had something similar happen to me. They refused to refill my medication unless I showed up for a special 'annual appointment', despite the fact that I get shots there every month and just saw their specialty doc who prescribes my meds.

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When watching the file of the guys driving down the road I want to yell out to them to watch the road. Stop the chatter. They are sitting ducks for an RPG, an ambush etc. Everytime you go around a corner you might be driving into an ambush. When driving out to some hamlet in RVN to take the civic action officer we security guys riding in the back of the truck were thinking we are going to get ambushed or hit a mine and we are all going to die so that offiers can claim to be winning hearts and minds. We get to the hamlet and it has been attacked the night before. They went after the civilian defense forces because that is the weak link. We are also sitting ducks. We know if something happens they are all going to run away and leave us there to die. Some things never change except feeling naked in badit country. I sometimes feel my command was trying to kill me.

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Thanks, much appreciated!

Have a new video up sent to me by the Utah VA producer, Darin Farr. You can click on the same link and go to other videos, or go here:

http://vids.myspace.com/index.cfm?fuseacti...ideoid=64164717

Odd that this would come from Salt Lake VA.

I find it full of bull, being that I go there and get no help for my tbi. Worse, they suggested I move to a different region to get help.

This video is propaganda at it's best. It actually made me mad to watch it.

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Couldn't veterans victimized of such disfunctional system that more often than not disrespect, disregard and disconsider all the evidence on file on occasion of making the decision be able to sue the VA rather than going through the VA's own appellate process that takes more time to be complete than any equivalent appeal in the legal system of the most miserable and corrupted riddled country in the African Sub-Saharan region?

It certainly would make things easier if the VA could be sued and taken to trial where actual "reasonable people" will consider the evidence and facts instead of government cronies who are told to rubber stamp each claim 'denied' without rhyme or reason.

Moreover, your comment about the time the process takes reminded me of how it took me 5 years to beat two different regional offices within 3 months of receipt of my appeal at the BVA. That was entirely too long to have the BVA affirm the obvious, which both regional offices emphatically denied - just to save the government money.

Which is, after all, the reason behind rubber stamped denials and the government's "Death Handbook" (http://www.veteranstoday.com/modules.php?n...le&sid=8335)...MONEY!

To the government we veterans are expendable...the sooner we give up on disability claims, stop going to the VA for health care, and/or die...the sooner they save MONEY (which goes to increased pork and earmark spending on non-emergency, non-essential, and irrelevant projects that do nothing to better life, liberty or the welfare of the nation)!

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Odd that this would come from Salt Lake VA.

I find it full of bull, being that I go there and get no help for my tbi. Worse, they suggested I move to a different region to get help.

This video is propaganda at it's best. It actually made me mad to watch it.

Someone in the VA actually told you, to your face, to move to another region if you didn't like how they were handling your claim/health care????

If this is true, why haven't you filed a formal complaint against this employee with the patient's rights advocate at the VA hospital and/or VA regional office. Moreover, have you written your Congressman (or woman) about your difficulties?

There are actions you can take to make a wrong into a right in defense of your rights, not to mention the principle of the matter in question.

Please don't let them get the best of you...stay strong and be persistent; things will work out in the end. Though it may take time and a lot of patience (I know from experience...took me 10 years to get my 100% P&T rating), you will get what you've earned and are entitled to for serving your country (THANK YOU!)

T.S.

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