Federal Lawsuit

[175MPC]

TBird,

Can you advise where the best forum is to post the following:

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Is anyone aware of any federal lawsuits that have been filed by an individual (Veteran) against the VA in the U.S. Federal Court, bypassing or in addition too eight years of having to battle with the VA, Appeals, NOD, etc.- If so I would appreciate learning of the lawsuit.s

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I posted in "How do I but with out any viewers or reply's.

[LarryJ]

TBird,

Can you advise where the best forum is to post the following:

-----

Is anyone aware of any federal lawsuits that have been filed by an individual (Veteran) against the VA in the U.S. Federal Court, bypassing or in addition too eight years of having to battle with the VA, Appeals, NOD, etc.- If so I would appreciate learning of the lawsuit.s

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I posted in "How do I but with out any viewers or reply's.

There are literally hundreds (thousands?) of veterans who have pursued their claims through the Federal Court system.

You need to be somewhat more specific as to what you wish to know.

http://www.veteransresources.net/

Edited December 26, 2009 by LarryJ

[Ricky]

If you are speaking lawsuite then your best source of information would be an attorney who specializes in claims against the U.S.

[175MPC]

There are literally hundreds (thousands?) of veterans who have pursued their claims through the Federal Court system.

You need to be somewhat more specific as to what you wish to know.

http://www.veteransresources.net/

LarryJ, Thank you for your interest and response. To begin with I was hoping to be able to communicate with an individual(s) and learn about their court experiences and what their process was... If they appeared in U.S. Federal Court, outside of and bypassing the VA Appellate System... Who they named in the Law Suit? If they were successful in obtaining court order to force the VA to assist in locating and delivering military records to include military hospital records?

[175MPC]

If you are speaking lawsuit then your best source of information would be an attorney who specializes in claims against the U.S.

Ricky, Thank you. The attorney is already available... My interest is to understand as much as I can about the process from experiences of other plaintiff's points of view as well as the attorney.

[Berta]

"If they appeared in U.S. Federal Court, outside of and bypassing the VA Appellate System"

You apparently are not referring to a VA claim issue...?

Can you tell us more about your cause of action?

I have never heard of a veteran "bypassing the Appellate system" for a VA claim-so you must have a different type of case -regarding the VA.

The VA appellate system provides chances to appeal a decision to the RO, then the BVA, and then to the US Court of Appeals of Veterans Claims.

"The Federal Circuit Court has jurisdiction over CAVC decisions."VBM by NVLSP page 1268 2009 Edition

The claimant and the VA have 60 days after entry of judgement by the CAVC to appeal to the Federal Circuit court.

Any vet or widow in the VA claims process has, in fact, countless ways to succeed at some point in the appellate system.

If they provide (and might have to send it to the VA many times), the wxact evidence that the VA asks for- then they will succeed.

Or Are you perhaps talking about a Writ of Mandamus ?

I filed one years ago that seemed to speed up my claim at that time-

and I am preparing another Writ just in case.

A Writ is filed with the CAVC and it must ask the CAVC to do something, tell the court why the claimant has been unable to get the matter resolved at the VARO or BVA level,and then attach documentation of every attempt the claimant has made to get the VA to fulfill the essense of what the writ is for.

In my case the writ is to order the VA to properly rate my husband's Agent Orange disabilities.

And then to make a determination on accrued SMC benefits.

SMC is a statuatory regulation and mandated when the medical evidence warrants a SMC award.

They owe me accrued benefits under the Nehmer COurt order and numerous attempts I have made to the RO-to include-correspondence directly to their director have provided no response whatsoever.

The lack of any rating of my dead husband's AO disabilities has caused my burial benefits claim and my REPS benefit claim to be on hold for a proper disability rating that VA refuses to make.

I want the Court to order the Buffalo VARO to comply with established VA case law regarding these issues.

That is what a Writ involves- do you mean a writ of this nature?

A writ is appropriate when

1. the VA fails to act properly on an issue that is supported or mandated by VA regulations (but not duty to assist regs)

2. the claimant has made every attempt via corresondence with the VA to get the matter resolved.

3. The claimant has exhausted every remedy available through the normal claims process.

4. the writ does not involve medical differences of opinions nor how evidence was weighed.

5. The claimant can provide documentation of their attempts to have the matter resolved.

6. The claimant needs to cite the exact regulations that the VA has broken or ignored.

7 the errors the VA made must be of a nature that fully prejudiced the veteran or widow in attaining their proper comp or DIC or some other monetary benefit.

Still a writ does not "bypass" the normal appellate procedure but can correct an appellate and administrative error that is allowing the VA to stall or deny the claim.

[175MPC]

"If they appeared in U.S. Federal Court, outside of and bypassing the VA Appellate System"

You apparently are not referring to a VA claim issue...?

Can you tell us more about your cause of action?

I have never heard of a veteran "bypassing the Appellate system" for a VA claim-so you must have a different type of case -regarding the VA.

The VA appellate system provides chances to appeal a decision to the RO, then the BVA, and then to the US Court of Appeals of Veterans Claims.

"The Federal Circuit Court has jurisdiction over CAVC decisions."VBM by NVLSP page 1268 2009 Edition

The claimant and the VA have 60 days after entry of judgement by the CAVC to appeal to the Federal Circuit court.

Any vet or widow in the VA claims process has, in fact, countless ways to succeed at some point in the appellate system.

If they provide (and might have to send it to the VA many times), the wxact evidence that the VA asks for- then they will succeed.

Or Are you perhaps talking about a Writ of Mandamus ?

I filed one years ago that seemed to speed up my claim at that time-

and I am preparing another Writ just in case.

A Writ is filed with the CAVC and it must ask the CAVC to do something, tell the court why the claimant has been unable to get the matter resolved at the VARO or BVA level,and then attach documentation of every attempt the claimant has made to get the VA to fulfill the essense of what the writ is for.

In my case the writ is to order the VA to properly rate my husband's Agent Orange disabilities.

And then to make a determination on accrued SMC benefits.

SMC is a statuatory regulation and mandated when the medical evidence warrants a SMC award.

They owe me accrued benefits under the Nehmer COurt order and numerous attempts I have made to the RO-to include-correspondence directly to their director have provided no response whatsoever.

The lack of any rating of my dead husband's AO disabilities has caused my burial benefits claim and my REPS benefit claim to be on hold for a proper disability rating that VA refuses to make.

I want the Court to order the Buffalo VARO to comply with established VA case law regarding these issues.

That is what a Writ involves- do you mean a writ of this nature?

A writ is appropriate when

1. the VA fails to act properly on an issue that is supported or mandated by VA regulations (but not duty to assist regs)

2. the claimant has made every attempt via correspondence with the VA to get the matter resolved.

3. The claimant has exhausted every remedy available through the normal claims process.

4. the writ does not involve medical differences of opinions nor how evidence was weighed.

5. The claimant can provide documentation of their attempts to have the matter resolved.

6. The claimant needs to cite the exact regulations that the VA has broken or ignored.

7 the errors the VA made must be of a nature that fully prejudiced the veteran or widow in attaining their proper comp or DIC or some other monetary benefit.

Still a writ does not "bypass" the normal appellate procedure but can correct an appellate and administrative error that is allowing the VA to stall or deny the claim.

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Berta, Thank you.... Your information below is what I’ve been seeking.

"If they appeared in U.S. Federal Court, outside of and bypassing the VA Appellate System"

You apparently are not referring to a VA claim issue?

>>> In fact I am referring to not only a claim issue, but the process.

Can you tell us more about your cause of action?

>>> I have strongly disagreed with the SC Rating giving to me initially and have asked the VA to reconsider without success...

I have never heard of a veteran "bypassing the Appellate system" for a VA claim-so you must have a different type of case -regarding the VA.

>>> I do not believe that my case is any different the thousands of other Vets. It is a case wherein the facts and my condition have been ignored to the point of indifference and/or incompetence and rejection policy.

The VA appellate system provides chances to appeal a decision to the RO, then the BVA, and then to the US Court of Appeals of Veterans Claims.

>>> I have had a seven-year experience with the VA claim and appellate system to include the RO and the BVA. Denials all the way until I reached the U.S. CAVC. The Judge in the CAVC remanded my case back to the VA for their immediate reconsideration. They returned with an extremely low SC rating. I and my attorney were initially notified by telephone of the rating with an explanation as to why it could not be more. Their reasoning was in direct contradiction to the medical facts.

If they provide (and might have to send it to the VA many times), the exact evidence that the VA asks for- then they will succeed.

>>> The “send to the VA many times” as well as their process is precisely what I wish to overcome again. I am now being asked for additional information (outside medical reports), which requires me to again see outside medical resources at costs that I can ill afford. I already have delivered Medical reports that I obtained from private doctors, one of whom is a former VA Neurologist. He is astounded that the VA has totally ignored his report as well as his care.

Or Are you perhaps talking about a Writ of Mandamus?

>>> I thank you regarding the information regarding the “Writ of Mandamus.” As I can evidence that I fall into the seven “appropriate” categories noted for filing a Writ, I will begin to look into this option immediately. However, unlike my thanks and admiration for the quality medical care that I have received within the VA Medical system, I have no faith in the VA RO or BVA Administrators. In conversation with a former (retired) claims evaluator for the VA, I was informed by this same person that rejection is policy.

I still wish to learn if it’s possible to bypass the VA appellate process by suing the VA in U.S. Federal Court.