Feres Doctrine Constitutional?

[Lemuel]

I just filed a petition for a Writ of Certiorari to SCOTUS on the "Feres Doctrine" which is used to deny veterans access to evidence and tort claims.  No jury trier of fact.  The BVA is unable to order evidence be made available to claimants.  The DVA thumbs its nose, as it did in my case, at the RBA disputes lodged under the rules to obtain evidence.  The Circuit Courts won't get involved because of the Feres Doctrine while expressing concerns about the Feres Doctrine's Constitutionality.

Petition was mailed Saturday.  Don't know how long it will take to get an answer but only 1% get heard by the Supreme Court (SCOTUS).  Have a much better chance at it this time than when I attempted in 1989.  I shelled out more than $1,000.00 in printing and mailing 45 copies (143 pg.)  to SCOTUS and 1 copy each to 10 interest parties this time.  Big gamble on my part.  Need to publicize it.  Is there a Journalist on board?

Search Bray v United States at SCOTUS (new petition) in a week or so.  Bray v United states at the 10th Circuit, #18-8051, in a couple of days should have the SCOTUS petition posted on PACER.  Also submitted a pre-decision copy to the Court of Veterans Claims (CAVC) which should post to the docket of Bray v Wilkie, #17-2990.

Is anyone interested in joining?  Does anyone know a law school that might take it up?  I'm self represented because it is extremely difficult to get an attorney because of the Feres Doctrine.

[broncovet]

Im convinced the BVA/VA violates our rights in regards to "seeing our evidence" (cfile).  

At the present time, Pro Se Vets can not see their VBMS file.  Only those Veterans represented by a VSO or attorney who has jumped through hoops permitting real time access to cfile.  

"Ordering" a paper copy of the Veterans file is:

1.  Time consuming, often taking months or more.

2.  Its out of date by the time we receive it.  

3.  Never includes evidence lost, not added, or destroyed, as well as newer evidence. 

4.  Veterans have a protected property interest in their benefits, and "can not" count on VA to handle our cfiles and evidence properly because VA has a "vested interest" in losing/mishandling our evidence.  

5.  Veterans need "instant and immediate" access to their cfile to make an informed decision as to which appeal route:  Supplemental Claim Lane, Higher level review, etc.        We simply dont have the tools needed to make an informed choice.  

6.  VA can/ does delay sending us our cfile which often results in us not being able to meet critical appeal deadlines.  How are we to know whether or not VA had "in their possession" specific evidence so that we can choose which "claim lane" to enter, if we can not promptly see our cfile online??  

    Its not always practical for Veterans to retain an attorney, and, many of us have found out its not always in our best interest to enlist the services of a VSO.  Even when we do get a VSO, Vets have no assurance VSO's will return our calls or provide quality service.  

     It leaves a "huge" evidence gap which is highly unfavorable to Veterans.  

     If each Veteran elects the "supplemental claim lane" "just in case" there may be missing evidence, that defeats the purpose of AMA/RAMP.  Why even have the higher level review, then?   

     Its a very risky path for VETS:

1.  We cant see our cffile, so we have to "guess" whether to file SCL or HLR.  Ditto for Board Appeals.  Most Vets dont get a copy of the RBA until AFTER the board appeal has been completed, and, by then, its too late to submit new evidence to the courts.  

2.  If we select HLR, and, later we discover there IS missing evidence, we lose out on our effective date rights.  

3.  If we select SCL, then what happens when we were wrong..there was no new evidence.  I just completed a SCL and it was denied because my evidence was not new.  

    So, we are between a rock and a hard place because we do not have real time access to our files.  

     Worse, it makes it difficult for us to enlist the help of an attorney.  The attorney is going to want to see evidence, and we simply dont know how much of our evidence the VA has decided to put the "MF" on.  The "MF" is the "mystery force" that makes probative documents disappear while in VA custody, helping create more homeless and suicidal Veterans.  

     (When you lose your home, and cant pay your bills, trust me, it puts a stress on Vets that can lead to suicide.  How do I know?  Well I lost my home as a result of VA benefit delays.  I waited 3 years for payment..and it was too late and I lost my home, nearly leading to suicide).   

[Berta]

You might want to start tracking this bill:

https://community.hadit.com/topic/74477-bill-proposed-to-overturn-feres-doctrine/#comment-464143

It probably has a bill number by now

 

[broncovet]

Veterans need to be treated as a human being.  Not a "claim" to be "processed".  We need a home, money to pay our bills..and not 5 years from now!!!!!!

[Berta]

Here is the Bill:

https://www.congress.gov/bill/116th-congress/house-bill/2422

Broncovet-you might like this- I have a situation regarding my own 3 claims, (that I have to get back to)

and am calling the WH Hot line about it.

It could be a "MF" situation but I think it is a Shreddergate situation.

In any event, I am naming names.My probative evidence appears to be missing again.I have the names of the last two RO individuals who had it.

[broncovet]

My last attorney said, "The VA isnt processing" shreddergate claims.  (Its no wonder it continues..there is no accountability).  Im not sure what she meant with her statement.  

Im glad YOU are "processing shreddergate claims".  If it costs VA enough money (more than what they "save" on paying claims), then they would stop.  Currently, there is "financial incentive" for VA to "mysterously lose"  aka "shred"/delete/misplace/mishandle/put in another Veterans file etc. probative Veterans evidence.  

Until it costs money for VA to do this, this will continue unabated.  Its all about the money.  

The only "shreddergate" appeal Im aware of is here:

https://www.bva.va.gov/docs/VLR_VOL3/4-DeutschAndBurriesci-DueProcessInTheWakePages220-262.pdf

In Cushman, the VA "fraudently altered" the Veterans record in order to pay the Veteran fewer benefits.  

Of course, even tho the fraud was pointed out the BVA decided that records alteration was NOT outcome determinative.  Im glad Cushman had the wherewithal to appeal this to the Federal Circuit, who "smacked" the CAVC and BVA for denying this Vets benefits.  

So, of course, the VA solution?  Well, they sweep it under the rug.  Grant some, apply the MF to others, and hope the other's die or go away.  Mostly, they get away with it time after time, as they did with me.  

[Lemuel]

• 1 hour ago, broncovet said:

  Im convinced the BVA/VA violates our rights in regards to "seeing our evidence" (cfile).  

  Thanks for the input, Bronco.  If I get my petition certified, please come on board with an Amicus Curia brief explaining your circumstances.  Chances are low.  Berta's post has more chance.

• 1 hour ago, Berta said:

  Here is the Bill:

  https://www.congress.gov/bill/116th-congress/house-bill/2422

  Broncovet-you might like this- I have a situation regarding my own 3 claims, (that I have to get back to)

  and am calling the WH Hot line about it.

  It could be a "MF" situation but I think it is a Shreddergate situation.

  In any event, I am naming names.My probative evidence appears to be missing again.I have the names of the last two RO individuals who had it.

  Thanks for the info, Berta.  I seem to be in the "shredder gate" situation.  Missing probative evidence.  Cannot say for sure who disappeared it of if it got lost during the RO-File Room shuffle before the c-files were digitalized.  Whether deliberate or accidental failure of competence it has the same effect.

• My Petition focuses on so much reoccurring errors and lost documents that I claimed "whistle blower" retaliation on an applicant at the CAVC including collusion between the CAVC clerk and the GC attorney at a hearing.  Should have been recorded but if it was I'll bet the voice recording is "lost."  The Clerk wrote an outcome and order stating we had resolved the Rules RBA dispute.  But that wasn't the case and I filed a NOA with fee to the CAFC on the order.  The check was returned to me with a letter from the "Operations Manager" stating that we were not yet in a place for an NOA.  FRAP 3 (d) and CAVC Rule 3 both say "orders" are appealable and I cited them in my NOA.

• So my Petition for a Writ includes a question on the duty of the Clerks and Operation managers to follow the FRAP and Local rules.  This one is so obvious a 5th, due process, violation that I hope if none of the other questions get certified at least it will.