These two cases of Cushman vs VA are a must read for anyone who wants to see to what lengths the VA will go to to not pay retro on a claim. People think they can waltz into court and win these big retro cases. Cushman establised that vets had a property right in their disability claims and that the VA had to follow due process. I guess before that they did not have to follow due process, and the vet did not have a property right in their own claim for compensation. Cushman has been appealing for decades and has been to federal court. I wish he was here to explain this case. In Cushman's case the VA altered/forged medical records that were used in a decision. The CAVC said it was ok for the VA to do that.
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john999
These two cases of Cushman vs VA are a must read for anyone who wants to see to what lengths the VA will go to to not pay retro on a claim. People think they can waltz into court and win these big retro cases. Cushman establised that vets had a property right in their disability claims and that the VA had to follow due process. I guess before that they did not have to follow due process, and the vet did not have a property right in their own claim for compensation. Cushman has been appealing for decades and has been to federal court. I wish he was here to explain this case. In Cushman's case the VA altered/forged medical records that were used in a decision. The CAVC said it was ok for the VA to do that.
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