Important Topics - Please Review This Thread.

[Chuck75]

Remember this-- If a law does not specifically prohibit an action, and the action does not harm someone, somehow, it's kinda hard to say the action is illegal.

As a federal employee, the examiner is mostly exempt from prosecution while doing his or her "duty".

If the cellphone in your pocket happened to be live, or a pinhole camera was in your clothing, so what. Rules are written, and only sometimes have the effect of law.

In many cases, rules are written for the guidance of bureaucrats, and have no real direct impact on a non bureaucrat. The actions by the bureaucrat under the "rule" may have serious implications for the citizen. Under most cases local law is not operable on federal land. However, the federal "authority" in charge of the facility does have options that may allow local law to be enforced. There is also a large difference between "report for" and "submit". The VA likes to consider them synonymous. Another issue come to mind as well that has to do with "adequate to rate". I believe that the VA is blatantly guilty of "Fraud Waste and Abuse" when the already existing medical records are adequate to rate a claim, and a C&P is ordered. Another issue came up concerning C&P exams that include some types of medical tests that have a real chance of doing harm to a veteran, and the veteran refuses the test based upon competent medical advice unless proper precautions are taken. (And the VA decides to not provide the precautions, or it cancels the entire C&P exam.)

As to the "rules" regarding recording and state vs federal law.

A sort of example has to do with sales tax. Generally, stuff bought on a federal facility, such as a military base, is not taxed at the time of sale.

State laws vary, but due to internet purchases that are not taxed, most states enacted laws that require state residents to pay tax on those purchases. If the wording in the state tax sales law does not specifically exempt purchases on a federal facility and limit the law to internet sales only, a state can impose the same requirement to pay sales tax on the resident as it does on internet sales. Requiring and collecting are two totally different things.

The whole state, federal, and international legal situation/jurisdiction bit can get utterly out of hand.

The above are my opinions only, and are not "legal advice" or legal guidance.

DATE: 02-13-91



CITATION: VAOPGCPREC 04-91 
Vet. Aff. Op. Gen. Couns. Prec. 04-91 


TEXT: 



Failure to Submit to Medical Examination--Insistence on the Presence of an Attorney and Use of a Recording Device



QUESTION PRESENTED:




Has a veteran failed to report for a scheduled examination for purposes of 38 C.F.R.

[Tbird]

The VA is federal property and my understanding is that is covered under federal law.

It is also my understanding that you cannot record any VA visit without express permission from that facility.

So my advice do not go to the spy shop, do not do anything illegal. You can ask if you can record the exam however if they say no, well than that's it. No is the answer.

Personally I would like to do lot's of things like take photo's, video, recording and such when I visit the VA, but I don't because it isn't legal unless you get their permission.

HadIt.com does not endorse nor recommend doing anything illegal.

[allan]

You can request a transcript of the VA's recording they make during hearings. However, the transcript I recieved was so messed up, no one could make since of it. Most of it just repeatedly said it was garbled. Or so they claim.

[Chuck75]

Some interesting trivia concerning Asbestos--

Asbestos insulation used in homes and other places was often called "Rock Wool".

Home siding and "ersatz" slate roofing contained large amounts of asbestos.

Automotive clutch and brake linings contained asbestos.

Common home washing machines made within the last twenty or so years may have clutch pads that contains asbestos.

Older home and industrial heating systems, particularly hot water and steam heating systems may have asbestos pipe insulation

The old "drum" furnaces that are still around were generally originally coal fired, and converted to gas or oil. These may have significant amounts of asbestos insulation.

Older ceiling and floor tile may have some asbestos content.

Even old "insulated" cookie sheets made before a certain date may have contained a large amount of asbestos in the insulation.

Old electric and gas stoves may have asbestos in the oven lining. (These should be mostly gone by now)

Navy

Ships built before certain dates contained massive amounts of asbestos insulation. Ships used for shore bombardment and fire support

were subject to repeated concussive shock. This had a tendency to shake loose stray asbestos fibers and dust, and then circulate them via the ship's

ventilation systems. Ships in overhaul during the Vietnam era generally had most of the asbestos insulation removed, and replaced with fiberglass insulation.

(Also somewhat dangerous, but not in the same league as asbestos.)

Cargo ship winches had brakes with asbestos linings, as did many winches used with ships anchors.

The majority of ships used in and around Vietnam did originally have asbestos insulation, since they were often vessels originally built for WWII or the Korean war.

While the amount of asbestos exposure varied by specialty, virtually any shipboard sailor of the Vietnam era was exposed to some level of asbestos.

In general, those serving on ships that frequently "fired their guns" had a greater chance of exposure to airborne asbestos "dust"

Since asbestos related disease can have an extremely long period between exposure and development to a diagnosable level, the Vietnam (particularly navy)veterans are still at risk.

(If A.O. related Diabetes and Heart disease doesn't get them first!)

Vietnam era military in general

Many of the older barracks still in use during the Vietnam era were equipped with hot water or steam heat. Again the commonly used insulation was asbestos.

Some older armored vehicles had asbestos insulation.

Asbestos based brake and clutch lining was fairly common.

Here is the PDF that James Breckenridge was kind enough to post.

[carlie]

The Disability Claims Process for Veterans Living Abroad Explained

http://www.vba.va.gov/bln/21/Foreign/process.htm

[Jayg]

You can request a transcript of the VA's recording they make during hearings. However, the transcript I recieved was so messed up, no one could make since of it. Most of it just repeatedly said it was garbled. Or so they claim.

Yeah, I got one of those. Same thing. Besides, all this is moot. Those VA quacks have carte blanche and are exempt from LAW< never mind rules. My last few C&Ps would have put some people in prison otherwise. Isn't it against the law to falsify government records? Not at VA!

One rebuttal of a C&P exam I submitted ran over 30 pages including the copies of records I submitted proving the lies. Exam said I had antalgic gait but exam summary said gait was steady and even indicating no altered gait! Said no uneven shoe wear but the photos of the shoes I wore proved otherwise. Also said there were no other records indicating altered gait. But what is a Trendelenburg lurch? Pronounced truncal shift? there are many others. The examiner pushed my limbs to get the desired range of motion results til I jerked and yelled coming off the table onto the floor from the pain. Hey! No witnesses allowed and she denied touching me to my face, right there. They stated my radiological exams made no statements of conditions those reports clearly did. The list is far too long to go on here. There were a couple others almost as bad. Those rebuttals and their perfidy may have had some influence in getting my claim approved in the face of abysmal C&P exams. I don't know. But it's clear that they were not accepted as true. But I have no doubt those same people are still there doing the same things.

These people are a power unto themselves and care nought for rules, regulations or law. Change will have to come from the top. That's the only way to break up this mess.