Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

Top 10 VA Disability Claims Articles

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Cavc Threathens To Fine Vet

Rate this question

Berta

Asked by Berta,

 Share

Question

Berta

Berta

Posted
Posted

Order entered Jan , 2007

http://search.vetapp.gov/isysquery/f767ed5...03a07123/3/doc/

WOWNo. 02-937

Howard F. Edwards, Petitioner,

v.

R. James Nicholson,

Secretary of Veterans Affairs, Respondent.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites
  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

4 answers to this question

Recommended Posts

  • HadIt.com Elder
LarryJ Grand Master

LarryJ

Posted
  • HadIt.com Elder
Posted

Mr. Edwards should be very pleased that the Court did not slap him with a hefty fine or slap him in jail, instead of merely slapping his hand.

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

Link to comment
Share on other sites
Objee Community Regular

Objee

Posted
Posted
Order entered Jan , 2007

http://search.vetapp.gov/isysquery/f767ed5...03a07123/3/doc/

WOWNo. 02-937

Howard F. Edwards, Petitioner,

v.

R. James Nicholson,

Secretary of Veterans Affairs, Respondent.

Looks like Mr. Edwards has been classed as a "vexatious litigant." This can mean that any federal court can reject his filings

unless he complies with this order of sanction. Bad status to have.

Ralph

Link to comment
Share on other sites
  • HadIt.com Elder
Pete53 Grand Master

Pete53

Posted
  • HadIt.com Elder
Posted

Wow the VA and its Court moves so slow I thought it would be impossible to be vextagious but you learn something new every day.

Veterans deserve real choice for their health care.

Link to comment
Share on other sites
sixthscents Experienced

sixthscents

Posted
Posted

Hmmmm. I'm going to look up his appeals. This is odd, and I'd never heard of it. To be honest though, I think that it really should happen more, rather than less. I have seen SO many claims that were essentially garbage go up, and down... knowing when they were going up it was fruitless but I couldn't convince the vet of that.

The court DID consider the fact the the guy was a layman, and didnt know actual case law. Like I said, I want to look at his claims, but 10'll get ya 1 they're the same old same old, without any hope of service connection, and then just reworded and filed. Claims like this are costing everyone, and to be honest I've somewhat changed my opinion over time. Like I said, I've seen SO many things that vets want to attribute to service, but in all honesty by just by all the very obvious facts they cannot be.

Yes, there are a great MANY cases that should go up, and those that should if properly prepared have a very good chance of success, but claims that are badly prepared and that disreguard CFR 38 are simply a waste of time. Your time, and mine.....

Bob Smith

Link to comment
Share on other sites
Guest
This topic is now closed to further replies.
 Share
Go to question listing


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!

  • Recent Achievements

    • Community Regular
      Troy Spurlock
      Troy Spurlock went up a rank
      Community Regular
    • Week One Done
      KMac1181
      KMac1181 earned a badge
      Week One Done
    • Week One Done
      jERRYMCK
      jERRYMCK earned a badge
      Week One Done
    • Rookie
      KMac1181
      KMac1181 went up a rank
      Rookie
    • First Post
      Lebro
      Lebro earned a badge
      First Post

  • Our picks

    • Are all military medical records on file at the VA?

      RichardZ posted a topic in How to's on filing a Claim,

      I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 3 replies
      RichardZ

      Picked By

      RichardZ,
    • Caluza Triangle defines what is necessary for service connection

      Caluza Triangle defines what is necessary for service connection

      Tbird posted a record in VA Claims and Benefits Information,

      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

      Timothy cawthorn posted an answer to a question,

      Do the sct codes help or hurt my disability rating 
      yellowrose

      Picked By

      yellowrose,

    • Post in Chevron Deference overruled by Supreme Court

      broncovet posted a post in a topic,

      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
      Lemuel

      Picked By

      Lemuel,

    • Post in Re-embursement for non VA Medical care.

      broncovet posted an answer to a question,

      Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
      Lemuel

      Picked By

      Lemuel,
    View All
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept