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David Marshall commented about Disabled American Veterans in Philippines, On Tuesday October 6th, 2009 12:33:04 PM
A trust betrayed?
The Chief Judge of Congress’s Court of Veterans Appeals stated that the, "Constitution, Statutes and Regulations" are "policy freely ignored" by both "The Veterans Health Administration" and the Secretary of the Department of Veterans Affairs (DVA), i.e., the "STATE OF COURT" transcript PARAGRAPH 9 with Congress’s law of the land U.S. CODE, TITLE 38, SECTIONS (§) 511 and § 7252. Decisions of the Secretary finality REFERENCES [1], [2] and [3]. This is a no teeth Congressional LEGISLATIVE vs an independent from Congress and the DVA, Judicial Branch Court. The DVA Health Care laymen, "initial adjudicators" still are not held responsible for their "freely ignored" and medically ignorant "Schedule of Ratings for Disabilities" decisions. Thereby, lost are those rights that so many have died for!
A couple of examples of the "initial adjudicators" to date "freely ignored" are this veterans 1957 DVA Physician’s resultant, "MPerR PERMANENT" "SURGEON HQ ARRC JUN 25 ‘58 MEDICALLY DISQUALIFIED FOR MILITARY SERVICE"! Then the adjudicator laymen’s 6/27/96 Supplemental Statement Of Case (SSOC) no "...competent medical evidence...".
It is now 15 years later without the Chief Judge's 1994 advised Congressional oversight. Please hold your U.S. House and Senate members accountable for Congress’s perverted Veteran Care.
REFERENCES:
[1] The complete 16 paragraph "STATE OF COURT" transcript is available on request. Previously at, and now missing from the Chief Judges and state_of_court sites: www.goodnet.com/~heads/nebeker and www.firebase.net/state_of_court_brief.htm
"STATE OF COURT
CHIEF JUDGE FRANK Q. NEBEKER
STATE OF THE COURT
FOR PRESENTATION TO THE
UNITED STATES COURT OF VETERANS APPEALS
THIRD JUDICIAL CONFERENCE
OCTOBER 17-18, 1994
{as it appears in Veterans Appeals Reporter}"
--------------------PARAGRAPH 9 of 16 in "STATE OF COURT" TRANSCRIPT records DVA laymen ignoring medical opinion without veteran recourse.-----------------------------
"I believe my message is clear. There is, I suggest, no system with judicial review which has within it a component part free to function in its own way, in its own time and with one message to those it disappoints -- take an appeal. That is, I am afraid, what we have today in many of the Department's Agencies of Original Jurisdiction -- that is AOJs -- around the country. Neither the Court, through the Board, the Board, nor the General Counsel has direct and meaningful control over the Agencies of Original Jurisdiction. Indeed, it is also clear that the VHA -- the Veterans Health Administration -- ignores specific directives to provide medical opinions as directed. And this is resulting in unconscionable delays. Let us examine judicial review. Remember, the Court and the Board do not make policy, the Secretary and Congress do. The Court simply identifies error made below by a failure to adhere, in individual cases, to the Constitution, statutes, and regulations which themselves reflect policy -- policy freely ignored by many initial adjudicators whose attitude is, "I haven't been told by my boss to change. If you don't like it -- appeal it." (Emphasis added)
The top medically ignorant "boss" is Congress’s confirmed "Secretary" of the DVA.
AND THE CONGRESS’S "policy freely ignored" UNITED STATES CODE law of the land, Health Care take away from Veterans:
[2] UNITED STATES CODE, TITLE 38 PART I CHAPTER 5 SUBCHAPTER I
§ 511. Decisions of the Secretary finality
http://www.law.cornell.edu/uscode/html/usc...11----000-.html
"(a) The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b), THE DECISION OF THE SECRETARY AS TO ANY SUCH QUESTION SHALL BE FINAL AND CONCLUSIVE AND MAY NOT BE REVIEWED BY ANY OTHER OFFICIAL OR BY ANY COURT, whether by an action in the nature of mandamus or otherwise." (Emphasis added)
THEREFORE, NO COURT REVIEW OF THE MEDICALLY UNTRAINED DVA laymen and "Secretary" "schedule of ratings for disabilities" decisions as proven by:
[3] UNITED STATES CODE, TITLE 38 PART V CHAPTER 72 SUBCHAPTER I
§ 7252. Jurisdiction finality of decisions
"(b) Review in the Court shall be on the record of proceedings before the Secretary and the Board. The extent of the review shall be limited to the scope provided in section 7261 of this title. THE COURT MAY NOT REVIEW THE SCHEDULE OF RATINGS FOR DISABILITIES adopted under section 1155 of this title or any action of the Secretary in adopting or revising that schedule." (Emphasis added.)
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