I have recently finished emailing every democrat senator with the following letter. If we as veterans want our day in a real court we need to do something about it. This is a start. If anyone would care to help me send copies of this letter(or one like it) to members of the house I woud appreciate all the help I can get.
Thank you.
(Mad as hell and not going to take it ANYMORE!)
To the Honorable ,
I am writing to you because I believe that you truly care about United States veterans and their struggles with the Department of the Veterans Affairs.
As you are probably aware according to a Knight Ridder news service story 17% of veterans die prior to having their benefit claims resolved. As veterans we have become second class citizens due to the 1933 Economy Act (H.R. 2820 – now Title 38 USC 211) which legally bars veterans from meaningful judicial review and closes all judicial branch, Article III, and U.S. District Courts to veterans.
38 USC 211
"All decisions rendered by the Administrator of Veterans' Affairs under the provisions of this title, or the regulations issued pursuant thereto, shall be final and conclusive on all questions of law and fact, and NO OTHER OFFICIAL or COURT OF THE UNITED STATES shall have jurisdiction to review by mandamus or otherwise any such decision."
Although there is a “Special” Court of Veterans Appeals read the words of former Chief Judge Frank Q. Nebeker (1994, State of the Court) :
“…the Court’s operation has demonstrated that that there is a vast gap between the theory and practice of judicial review and it is that gap which appears to be frustrating the original intent behind enactment of VJRA and the implementation of the goals of meaningful judicial review”
“Neither the Court, through the Board, the Board, nor the General Counsel has direct and meaningful control over the Agencies of Original Jurisdiction (VA Regional Offices).”
“Too many of the Court's precedent opinions must focus on law clearly stated in statutes or regulations but ignored below. Indeed, the rate of adjudication error is far too high for a healthy system. Most importantly, though, those opinions should serve to guide future adjudications of similar cases. Why permit the initial adjudicators to ignore those decisions simply because their operational head ignores them and doesn't issue directives and provide training to follow them?”
“Many ROs appear to do what they think they must when they get around to it. In fact, recent examples show that attorneys on the General Counsel's staff, too, have little leverage to require cooperation when they attempt to obtain information concerning cases, so they can meet their obligations as the Secretary's attorneys to report the status of a particular case to the Court. The attitude in at least some of the RO’s seems to be "I don't care what the Court says the law is; I care only what my boss says it is."
In fact ABC – 20/20 News (Fighting For Justice, June 2, 2000) reported Board of Veterans Appeals (BVA) members actually destroyed veterans’ files and records to deny veterans appeals in the hopes of substantial cash bonuses from the VA. And that at the time of the report the Court of Veterans Appeals had only ruled in favor of the veteran 18 times out of 14,000 cases.
Such actions continue to this day, however even if a veteran were able to have his case heard in court the scales are still weighted against him/her due to the following court case:
"Pensions, COMPENSATION ALLOWANCES, HOSPITAL, and other privileges . . . are GRATUITIES. They involve no agreement of parties; and the grant of them creates no vested right. The benefits conferred by gratuities may be redistributed or withdrawn at any time in the discretion of Congress." (See Lynch V. United States, 292 U.S. 571, 577 (1934)
It is also interesting to note that during 1934, the Supreme Court had perceived the rights of America's battle-injured defenders, in a different light, and accordingly determined that it was the INTENT of the United States Congress, that VA medical care treating war injuries, VA disability compensation concerning war injuries, and all other veterans' non-contractual "benefits", have the legal significance of nothing more than GRATUITIES (GIFTS).
As such, veterans have no recourse when we must sell our possessions and homes while awaiting a decision from a governmental agency that operates under complete autonomy and separation from true judicial review of its actions. We lack even the basic rights that are constitutionally guaranteed criminals.
Therefore I am requesting your help for all veterans throughout America to repeal or amend 38 USC 211 and to congressionally redefine veterans’ benefits as being benefits earned through service to our country.
Question
rogus
I have recently finished emailing every democrat senator with the following letter. If we as veterans want our day in a real court we need to do something about it. This is a start. If anyone would care to help me send copies of this letter(or one like it) to members of the house I woud appreciate all the help I can get.
Thank you.
(Mad as hell and not going to take it ANYMORE!)
To the Honorable ,
I am writing to you because I believe that you truly care about United States veterans and their struggles with the Department of the Veterans Affairs.
As you are probably aware according to a Knight Ridder news service story 17% of veterans die prior to having their benefit claims resolved. As veterans we have become second class citizens due to the 1933 Economy Act (H.R. 2820 – now Title 38 USC 211) which legally bars veterans from meaningful judicial review and closes all judicial branch, Article III, and U.S. District Courts to veterans.
38 USC 211
"All decisions rendered by the Administrator of Veterans' Affairs under the provisions of this title, or the regulations issued pursuant thereto, shall be final and conclusive on all questions of law and fact, and NO OTHER OFFICIAL or COURT OF THE UNITED STATES shall have jurisdiction to review by mandamus or otherwise any such decision."
Although there is a “Special” Court of Veterans Appeals read the words of former Chief Judge Frank Q. Nebeker (1994, State of the Court) :
“…the Court’s operation has demonstrated that that there is a vast gap between the theory and practice of judicial review and it is that gap which appears to be frustrating the original intent behind enactment of VJRA and the implementation of the goals of meaningful judicial review”
“Neither the Court, through the Board, the Board, nor the General Counsel has direct and meaningful control over the Agencies of Original Jurisdiction (VA Regional Offices).”
“Too many of the Court's precedent opinions must focus on law clearly stated in statutes or regulations but ignored below. Indeed, the rate of adjudication error is far too high for a healthy system. Most importantly, though, those opinions should serve to guide future adjudications of similar cases. Why permit the initial adjudicators to ignore those decisions simply because their operational head ignores them and doesn't issue directives and provide training to follow them?”
“Many ROs appear to do what they think they must when they get around to it. In fact, recent examples show that attorneys on the General Counsel's staff, too, have little leverage to require cooperation when they attempt to obtain information concerning cases, so they can meet their obligations as the Secretary's attorneys to report the status of a particular case to the Court. The attitude in at least some of the RO’s seems to be "I don't care what the Court says the law is; I care only what my boss says it is."
In fact ABC – 20/20 News (Fighting For Justice, June 2, 2000) reported Board of Veterans Appeals (BVA) members actually destroyed veterans’ files and records to deny veterans appeals in the hopes of substantial cash bonuses from the VA. And that at the time of the report the Court of Veterans Appeals had only ruled in favor of the veteran 18 times out of 14,000 cases.
Such actions continue to this day, however even if a veteran were able to have his case heard in court the scales are still weighted against him/her due to the following court case:
"Pensions, COMPENSATION ALLOWANCES, HOSPITAL, and other privileges . . . are GRATUITIES. They involve no agreement of parties; and the grant of them creates no vested right. The benefits conferred by gratuities may be redistributed or withdrawn at any time in the discretion of Congress." (See Lynch V. United States, 292 U.S. 571, 577 (1934)
It is also interesting to note that during 1934, the Supreme Court had perceived the rights of America's battle-injured defenders, in a different light, and accordingly determined that it was the INTENT of the United States Congress, that VA medical care treating war injuries, VA disability compensation concerning war injuries, and all other veterans' non-contractual "benefits", have the legal significance of nothing more than GRATUITIES (GIFTS).
As such, veterans have no recourse when we must sell our possessions and homes while awaiting a decision from a governmental agency that operates under complete autonomy and separation from true judicial review of its actions. We lack even the basic rights that are constitutionally guaranteed criminals.
Therefore I am requesting your help for all veterans throughout America to repeal or amend 38 USC 211 and to congressionally redefine veterans’ benefits as being benefits earned through service to our country.
Sincerely,
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