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.
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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
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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 a
Berta
I think it is GREAT too John! I am sure Karl has poured over Cushman V Shinseki, which was a Federal District Court decision ,as to Due Process. http://www.bva.va.gov/docs/VLR_VOL3/4-DeutschAndBurr
Jon1371
I wish you fair winds and following seas and I hope you get what is owed to you.
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