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Set Back For Vets

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boomer2

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  • HadIt.com Elder

The Supreme Court is the only court with full constitutional authority, and getting it to do anything related to the VA is quite a challenge. Congress severely limited the ability of other courts to deal with the VA. Besides, other existing laws can be in conflict, and give preference to government agencies, not the individual, veteran, or company. This puts the whole VA debacle back in Congress's hands, like it or not. Over the decades, it's quite obvious that Congress has ignored the majority of "advice" from commissions, studies, expert testimony, veteran's documented experience, and so forth. Occasionally, Congress sends a "sop" to veterans by making minor changes. The VA's court systems are not truly independent, and also generally biased in favor of the VA, regardless of general language in the law. Seems that the VA has the ability and authority to write regulations and follow practices that limit the effect of the general statements in veterans law.

I agree with you that the VA and Congress have screwed veterans. I'm not disputing that. The courts though, have extremely limited ENFORCEMENT authority! What are they going to do? Send the Marshall's to the chambers of Congress or to the VA? Ridiculous. I understand this is an emotional issue for many veterans, myself included. But putting emotions aside, and looking at the Constitiution, the dispersement of money to the various agencies falls only on Congress. The courts may pass whatever ruling they please, but Congress can tell them (the courts) to go screw themselves. I'm not saying that we should give up our fight, and we can and should fight for our cause in whatever venue we can, and yes, that includes the courts, but if Congress refuses to act and force the VA to make the changes, and give the VA the funds to do it, it will not happen. The courts' higher power is the legislatures of the States and Federal Government, and rarely are any courts censored or judges impeached. So, the highest "power" in America is Congress, and that's the way it was set up; and it was set up that way for a reason. Congress answers to 'we the people.' If we can get the public on our side, and force the issue on Congress, changes will be made, and more importantly, they will be made within rules that govern our country.

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  • HadIt.com Elder

Just remember how congress, the Prez and the courts treated the Bonus Army back in the darkest days of the Great Depression. Even a New Deal President like FDR cut pensions in half for veterans under the delusion that we all had to tighten our belts. Save your money because the generous attitude towards recent vets may change if economic conditions change for the worse. There always has to be a scapegoat. I can hear some congressman going on about fraud at the VA and able bodied vets getting big checks for being disabled while they spend their time drunk and driving fancy cars. Our compensation is called an entitlement just like welfare and foodstamps according to congress. I earned my compensation by giving my body to the Army for three years. My compensation is not welfare. It is an attempt to return in some small measure what I lost in government service. These crazies screaming about the budget deficit will be turning their guns on us in the future. The Supreme Court we have is the same one that said corporations are people. When they execute a coropration in "Old Sparky" I will believe that. My whole point is that Congress is to blame for this horrible situation at the VA. They count votes. 20 million living vets and falling.

John

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Stoping the fraud and giving all veterans the since of fulfilment and backing us like we back our government is not a bad thing. If it is congress,the prez or the courts does not matter but it needs to be done!

Social security and VA benefits are entiltements we earned and in the case of SS paid into. If it were not for the congress and yes the prez raiding the funds for other agenda it would be in good shape. They created this mess on both programs and unlike welfare programs they can not just turn their backs, or who will fight the next time they want to!!????

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      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

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      Martinez v. McDonough (2023)
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