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Fla Viking


Kirk

Question

Terry,

I have noticed that you often refer to surrendering yourslf to a federal jury in progress as a way to find recourse from a burdensome VA. When I Googled this term I found nothing that would indicate that this would give a citezen any special rights, privledges or recouse from greivious wrongs commited by government agents. Could you point to where you have seen this a way to solve problems with Gov? I'm not mocking you or knocking this I just want to see where it has been done or even a reference to it having been attempted successfully and what the person gained from it.

Thanks

Kirk

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Terry has been through a lot and I followed one of his suggestions regarding claims last month.

He knows we have rights that the VA will violate-if we let them get away with it.

Last month, so that the VA would comprehend my point, I sent them a page from the VBM that supported my point.

Thank you Terry- I usually just send the regs themselves but I got this idea from you-and if they simply call this "an internet printout" in any SOC, and do not regard it any further -as they have done with much of my evidence- I will tell NVLSP.

"The VA knows they are doing vets wrong. They are affraid of a vet who has been pushed to far ending up behind a defendants tabel with a lawyer who could do discovery on the VA and open a whole can of worms"

If veterans get the choice to hire a lawyer for their claim via the proposed legislation we discussed here before----

a good lawyer will not put up with the way our rights are violated.

And a good lawyer would see the potential of class actions -think about it---

Agent Orange Settlement Fund was a class action, Nehmer is a class action---

Vets are not united under one specific "class" of citizens-but when a class action suit is filed, they are united for the outcome.

We -as claimants- are always in the defensive position with no discovery rights.

Our evidence is often not considered and more and more vets have to obtain costly IMOs to succeed.

A good BVA decision (they are lawyers at the BVA and make good decisions for the most part) can take years to come.

I think when lawyers gets the right to represent claimants (and it would be the claimant's choice)

it will definitely "open a can of worms".

This will not alleviate a veteran's responsibility to actively support their claim and gather evidence.

But it might change the way the VARO "end Product" credit is taken on claims-

quantity not quality. The IG report of 2005 fully supports that claims are not being handled right.

Maybe lawyers representing vets could change that.

I sent Chairman Craig a copy of a letter I sent to the Director of my VARO . In this letter I quoted the IG report as to the fact that only :

“Sixty-five percent of VA raters

and Decision Review Officers (DRO) surveyed by the IG, in conjunction with its May 2005

report, admitted that they did not have enough time to provide timely and quality decisions. In

fact, 57 percent indicated that they had difficulty meeting production standards if they took time

to adequately develop claims and thoroughly review the evidence before making a decision”

I point blank told the director with copy to Senator Craig I already got a DRO in the 65 percentile, I wanted someone in the 35% who know what they are doing to work on my claim.

It is a travesty to consider that you men and women sign up to protect all of our rights and yet your own basic rights under 38 CFR are so often denied.

The BVA remands prove this.

Edited by Berta (see edit history)
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