Harvey V Shinseki

[Berta]

In part:

"Moreover, the fact that the Secretary ultimately exercised the

degree of diligence and effort necessary to calculate the petitioner's award, after the Court

intervened by way of this proceeding, does not excuse his gross mishandling of the petitioner's claim

or his eleventh-hour response. In light of this evidence, the Court finds that there is clear and"....

"1 Not only has the Secretary's lack of diligence resulted in an unnecessary expenditure of judicial and

administrative resources in this proceeding, it is now equally apparent that the information was readily available during

the petitioner's 2006 appeal. See generally Abbs v. Principi, 237 F.3d 1342, 1351 (Fed. Cir. 2001) (ordering that

sanctions be imposed on counsel for making arguments that resulted in an abuse of the judicial process and waste of

taxpayer funds). It is astounding that the petitioner's appeal for an earlier effective date for compensation benefits in lieu

of retirement pay could consume over ten years of the parties' resources without the discovery of this crucial document

in the claims file."

6

convincing proof that the Secretary failed to process the Court's June 2008 remand order in an

expeditious manner as required by the Court’s order and 38 U.S.C. §§ 5109B and 7112. See

Pousson, supra.

C. Lack of Reasonable Diligence

The" etc etc

http://www.vawatchdogtoday.org/uploads/court_case.pdf

This is one of the strongest worded CAVC orders I have ever seen.I am so Angry about this vet's situation and the BS from the VA he received that I didnt copy it well here.

Best to use the link to the CAVC case

[Berta]

http://veterans.house.gov/

Chairman Jeff Miller

House Committee on Veterans' Affairs

335 Cannon House Office Building

Washington, D.C. 20515

(202) 225-3527

Subcommittee on Investigations and Oversight:

1. Bill Johnson (OH-06) Chair

2. Cliff Stearns (FL-06)

3. Phil Roe (TN-01)

4. Dan Benishek (MI-01)

5.Bill Flores (TX-17)

112th Congress