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The question is; Will I be among the less than 1% Pro Se Petitioners to SCOTUS of the 1% over all Petitioners for a Writ of Certiorari that will be heard by SCOTUS.
The Petition is Bray v United States Docket No. 18-9532 Re: "The Feres Doctrine" with 15 related constitutional questions.
The documents can be downloaded from the Supreme Court of the United States, (SCOTUS), web site here:
The answer will come sometime after the 40 copies have been distributed to the Justices and their Clerks for the November 8, 2019 Conference. Only 1% are granted a hearing before SCOTUS. Will the Feres Doctrine continue to stand up as Constitutional continuing a 69+ year old precedence that prevents you from filing a Tort case for your mistreatment and failure to be compensated for subtle but employability disabling temporal lobe seizures ignored by the military and the VA to reduce entitlements?
Some relief was granted in 2008 for TBI victims. Those who had TBI claims from 2007 on will be fully compensated. Those of us from previous wars have been stiffed until we were allowed to file our claims after receiving the 2008 letter.
Local V.A. failed to diagnose my Graves' Disease for several years even though I clearly had documented symptoms and blood work that showed thyroid dysfunction. They blamed the symptoms on other things, and just totally ignored the blood work. Graves' Disease is not that bad of a disease if detected and treated, but if left untreated it does all kinds of damage to your entire body. Mine was left untreated for so long that it created what is known as a thyroid storm (very deadly) and heart failure. V.A. sent me home the day I was having the thyroid storm and heart failure. Told me I was just having panic attack. Local E.R. (civilian) saved my life a couple hours later. Ended up having my thyroid removed, seizures, heart damage, and other disabilities due to this. After I found out the V.A.'s rules about disclosure of adverse events, I requested they do one. They concluded that they had done nothing wrong???? I then filed a Tort complaint 6 months ago. It was denied by regional council a few days ago??? Also file an 1151 claim with RO benefits office. Not sure if they were supposed to, but local state V.A. office gave me a copy of the V.A.'s report for 1151 claim. It clearly states that the disability was foreseeable, Dr. deviated from standard of care, and added disabilities are a direct result of failure of V.A to diagnose the disease in a timely manner. Can not find many lawyers that handle Tort claims around here, but the ones I have called have all said they do not have time for claims against the V.A. unless the veteran was killed or wrong limb removed. WOW!!!! Anyone know a good TORT lawyer that can handle a claim in the Mobile, Al. area? I not only was tortured for several years, but I will now have to deal with these disabilities for the rest of my life, and have over $130,000.00 in actual debt as a direct result of this.
Can't get "Answer Question" to come up on this post so will edit to add at the end.
Editing to thank Berta for her Post. today is March 21, 2018. Still waiting for the response from the Judge to my rebuttal brief to the motion to dismiss by the U S Attorney. Attaching my objection and brief filed March 6, 2018.
I'm attaching my Pro Se Complaint filed in U S District Court on December 15, 2017.
Also the U S Attorney's motion to dismiss.
I would like to hear any suggestions of U S Code and CFR articles that should be challenged under Sec (4)(d) of the 14th Amendment which was ratified on July 9, 1968. "The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void."
For one, I would like to challenge the payment of back payments in rates that have been raised via COLA increases. My challenge is the Amendment was ratified under the gold standard. While there were variances across the land in how much gold it took to buy a good horse, the price of a good horse did not vary the way inflation affects the price today. The dollar we receive in past benefits should buy the same basket of groceries it would buy at the time the debt by the government to us is recognized.
We need to challenge the Feres doctrine again now that the Sec (4)(d) is recognized in the Appeals Court process. From 1968 until the Court of Appeals for Veterans Claims was established Sec (4)(d) was essentially written out of the 14th Amendment by refusal to hear or by decisions such as the 1955 Feres decision. There were no cases in annotated texts of Appeals decisions under Sec (4)(d) when I first attempted to address the problem of the minimization of organic brain syndromes including damage by mild to moderately severe TBI, diseases, and other exposures such as oxygen supply interruption.
I'm also requesting assistance in researching case law to counter the U S Attorney's response. I will be doing research via Fastcase.com and will post for any of the problems listed by others with their claims that I have read that I happen on to.
I also have a pending Appeal to the CAVC which I will update on this thread. Presently the VA has made 5 form letter responses to the CAVC saying my dispute with the RBA remains open. No detail required by the Clerk's Order has been provided regarding the attempt to resolve the dispute. I have received no personal contact from the two attorneys assigned to handle the case. One for the case and the other for the disputed RBA.
Can't get "Answer Question" to come up on this post so will edit to add.
To Challenge under 14th Sec (4)(d):
1: Limitations of effective dates to other than evidence of onset of disability and evidence of increase. (look up U.S.C 38 AND 38 CFR)
2: "Closure of Claims" by VA without consent of Veteran. (look up U.S.C 38 AND 38 CFR)
20171215 Court complaint.pdf
20171215 Court complaint tolling.pdf
20180103 POS Rebuttal CM-EF Reg.pdf
20180103 Rebuttal obj eq tolling.pdf
20180109 DCDW denial Motion Eq Toll.pdf
20180213 U S Motion to dismiss.pdf
20180306 Objection to Dismiss.pdf
20180306 Objection to Dismiss Brief.pdf
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,