My Lawyer Is Taking My Cue To Federal Court.

[john999]

My lawyer is taking my CUE that was denied by the COVA to federal court. I don't want to give up. I am going to fight until I can't fight anymore on these issues because it not only affects me, but affects possibly hundreds of thousands of older vets. To set a date and say that prior to 1990 you don't have due process and after 1990 you do is just arbitrary. All my evidence prior to 1990 means nothing, and does not even need to be listed much less considered. Where is the justice in this? All the claims filed by WWII, Korea and Vietnam vets who filed claims before 1990 don't have the same due process rights as vets who filed one day after the VA decided they needed to actually list all the probative evidence in a claim. If evidence is not listed then there is no way to prove it was considered or not considered. These rules of assumption are opposite any consideration of due process. In fact, in my cue the CAVC shot down each and every argument we brought up. I cannot believe that in a case where it is obvious that important facts were just excluded can just be disposed of like trash. All our arguments{ there were many} were either interpreted as " duty to assist", "untimely", "debatable" or some other non CUE argument.

John

[NavyWife]

Good luck john999!

Due Process is part of the Constitution.

http://billofrightsinstitute.org/resources/educator-resources/americapedia/americapedia-bill-of-rights/fifth-amendment/due-process/

Here's an excerpt:

The government may not deprive citizens of “life, liberty, or property” without due process of law. This means that the government has to follow rules and established procedures in everything it does. It cannot, for example, skip parts of trials, or deny citizens their rights as protected by the Bill of Rights and by law. This protection helps to ensure justice.

Due process protection has its roots in the Magna Carta when King John promised that “[n]o free man shall be taken or imprisoned … or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.”

The language of this amendment is echoed in the Fourteenth Amendment’s Due Process Clause.

[NavyWife]

I can't think of any other legal system in the world where your case can be decided "for" or "against" you--and you are not allowed to know what evidence was used.

[free_spirit_etc]

Good luck!

And thanks for continuing to fight!

[Pete53]

You have a good lawyer. Good Luck

[Notorious Kelly]

Glad to hear it, John, and thanks for fighting for us all!

[Philip Rogers]

That's great to hear, John!!! When they started the court they wanted to make it impossible for old claims to be redone. I helped a friend win his claim for prostatitis back to 1955. He ended up w/about $35k, retro. They didn't pay much back then.

pr