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thedrifter
01-25-03, 07:58 AM
"WHEN LEGISLATURE UNDERTAKES TO PROSCRIBE THE EXERCISE OF CITIZENS
CONSTITUTIONAL RIGHTS. IT ACTS LAWLESSLY AND THE CITIZEN CAN TAKE MATTERS
INTO HIS OWN HANDS AND PROCEED ON THE BASIS THAT SUCH A LAW IS NO LAW AT
ALL" JUSTICE, WILLIAM O, DOUGLAS

On the wall at St. Petersburg Florida VA Regional Office (VARO) The
plaque on the wall serves as a reminder to all veterans. It states. 1933
congress passed the economy act. In that act was the removal of judicial
review for all veterans. VARO goes on to state the ban on judicial review
for veterans still exists today.
Part of this strategy for the 1930's ban on judicial review was to take
away WW1 vets disability compensation. This could not be accomplish with
the courts and lawyers over seeing what they were about to do. Once the
courts lost there viewing authority. A ad hock committee was created for the
purpose of thinning the disability ranks in a way the judges would never
allow to happen.
How does this act affect veterans today? Is the arbitrary denial of
veteran's compensation benefits still going on today? Can a veteran whose
life is in danger because of the economy act. Place themselves without
there government approval, back under the protection and rule of law?
According to a GAO report 7, 845.00 Gulf war vets submitted claims.
Only 392 were approved. Half of those 392 were given 0% compensation
rating. That's about a 4% claim approval.
Take away rule of law, accountability, make compliance with internal
policies voluntary, and then shield the VA by prohibiting the veteran from
hireling an attorney or reporting to the courts there grievances. This is
the 1933 economy act. Social scientists have found this very same power
structure to be dysfunctional in the least and a breeding ground for
driving men insane. One exception to the law is. The VA keeps it lawyers
and is permitted to sue the veteran in the same Federal courts the veteran
is banned from. How convenient. . This above reality has been an incubator
for lawlessness and social injustice with in the VA. It nullifies a
veterans education, social skills, and sanity. Resulting in documented
service connected veterans committing suicide, homeless, families destroyed.
The 70 years congress has implemented this constitutional change. Has
created an Army of dead, disenfranchised, angry, psychologically damaged,
humiliated, and trust violated veterans. Allowing an atmosphere with in the
VA permitting VA lawyers to falsified, destroy, and take home vets medical
records so the claim could be denied. The lawyers were fined and sent to
jail after admitting they denied the claims because they needed the extra
cash for processing the extra claims. It was easier for them to deny and
remand claims then grant. Now 700.000.00 vets are on appeal taking on
average 6 to 10 years to process a claim. All the VA has to do is keep up
the good work and you will have perpetual adjudication with no merits of a
claim ruled on, just the incompetent by choice errors by the VA being
recycled for the entire life of the veteran
According to the National Veterans Organization Inc. A VA study called
Compensation and pension performance summary states "the average time to
process an original claim for compensation is 139 days. If that claim is
not adjudicated in the veterans favor and he appeals the decision to the
board of Veteran Appeals, it takes an average of 533 days for the claim to
be herd by the BVA. According to this report, an average of 38.4 % of all
claims submitted to the BVA are remanded back to the regional office for
further development or action. The same report reveals that it takes an
average of 496 for that same claim to be dealt with once it has been
returned to the regional office. This means that on average it takes a
total of 1.160 days for a veteran to receive a final decision before he can
appeal his claim to the court of veterans appeals. If the veteran appeals
the decision to the court. He can expect to wait another 3 to 5 years to
get the final decision from the court".
According to the 6th judicial conference held by the Court of Veterans
claims. 99% of the CVC remands are for VA error.
Because of Congress ban on attorneys for veterans at the VA level. And
vets can't go before a court until the VA announces it's finished with what
it does to our veterans. Vets claims are so skewed from what the vet's
intent for a claim was. VA has had over 3 years of isolation from out side
influences to apply its administrative tricks to prepare the veterans claim
for the court. There's very little the court can do to help when the claim
comes to them.
Congress does not have the money to pay out all the legitimate veterans'
claims. Even though we have won every battle and war presented before us.
Our enemies foreign and domestic have cause allot of causalities. Congress
and American people are not prepared to pay the true cost of the wars they
engage us in. This VA system is set up to frustrate, misdirect, absorb the
vet's energy so that at the end of the 6 to 10 years of claims handling by
the VA. The vet is so frustrated, hurt, angry, dismayed, confused, they
cant take any more and drop there claims. At this point the VA saves allot
of money through default.
The amount of claims over all approved or denied appears to be a top
secret number held by the VA. I have made numerous phone calls to VA,
Congress, and Regional Office. When you ask them about figures of claims
approval. They will not return your phone call.
Mr. Arthur N. Bernklau Veterans for constitutional law. Personally went
to the Library of Congress to answer the question of how many claims did the
VA approve v. denials. Mr. Bernklau used the VA COLS records and found from
1970 to 1992 the VA only 4% of veteran's claims. Mr. Bernklau also stated
using the VA COLS records was a very complex procedure and took days to
obtain the information he needed.
Social, economic, and political policy for the last 70 years has striped
veterans of there constitutionally protected right to the courts, allowing
the VA to do what ever it wants and there is nothing the veteran can do
about it. I've been told many times veterans are protected by Veteran
Service Officer (VSO) and a new Court of Veterans Appeals, created because
the VA refused to obey its own regulations. Chief Judge Neibeker for the
Court stated. "There is a disconnect between the Court and the Regional
Office. A judicators obey what there managers tell them not what the Court
says. The VA is above the law and dose not follow court orders"
Unfortunately when congress created this court. Congress put the court into
an advisory position only. In reality it's not a real court because the
courts recommendations have no enforcement authority. It's still a
voluntary! for the VA to obey or ignore the court.
The motive behind this Kafka style of government is so congress can keep
a cap on claims.
For those of us who believe there is an artificial cap on approving VA
claims for payment to the veteran, All congress and the VA has to do is
stop the smoke and mirrors of announcing We have hired more adjudicators,
We have completed 18.000 claims, We are implementing blue ribbon panel
recommendations. And answer 3 simple questions.
1. For each year from 1934 to 2001. How many claims for disability
compensation were submitted by the veteran?
2. For each year from 1934 to 2001 how many disability claims were
approved? How many denied?
3. For each year from 1934 to 2001. What was the rating decisions for each
approved disability claim?
Now be careful if you get an answer to the above 3 questions. The beau
crates love to fudge on this question. VA employees will boldly step
forward and pat themselves on the back and make statements to the effect.
We have a 100% completion rate, or we have processed 85% of the claims
before us. The words completion and processed is no substitute for the
words approved or denied. A 100% completion of claims without disclosing
what the denial rate, is useless information.
An honest answer to the above 3 questions would resolve whether or not
the VA was told to put an artificial cap on our claims... Therefore I
believe these figures will never be honestly disclosed by congress or the
VA...

TAKING BACK THE COURTS
THROUGH CIVIL OBEDIENCE TO THE LAW

Chief Judge for the Court of veterans Claims made the following
quote on what VA a judicators told him there opinion was regarding the court
and the law. "I don't care what the court says the law is" (VA adjudicator
response to Chief Judge Neibeker)
It is still voluntary if the VA complies with the law or not. Congress
having placed the authority of the veterans court in an advisory /
recommendation arrangement. The VA can and does ignore court orders...
Congress has for the last 70 years always provided the VA with a way out of
each law it passes. By keeping vets out of courts and no lawyers allowed.
Congress can pass any law it wants to look good in front of the veterans.
Allowing VA lawyers and adjudicators to replace the law with personal
opinions and customs of what they believe should be the practice of the VA.
"I am concerned when I see court decisions like Gardner v. Brown and
Davenport v. Brown that determines that VA regulations does not conform to
law and merely reflects the way VA has been doing business. It makes me
wonder how many other inconsistencies are lurking out there and what the VA
proposes to do about them" Congressman Lane Evens .

continued.......

thedrifter
01-25-03, 08:01 AM
Our forefathers were right not to trust and leave the constitution
only in the hands of Congress, judges, and individual bureaucracy's. . No
veteran has ever forced the issue to be before a jury. You may ask how do
we get a jury trial with the above guard dogs blocking the doors. Go over
there heads!.
Congress shall make no law prohibiting the right of the people to
petition the government for redress of graveness. Bill of rights.

VETERANS MUST BE WILLING TO BECOME US CITIZENS AGAIN

It is our birth right to have access to a jury for this issue. If not
veterans with the documented history of abuse, fraud, deaths, Then who. .
Our constitution was written for this very same problem and it protects us
from this form of government from even being created in this United States.
How does one get a jury trial when congress does not want jurors to review
clandestine VA actions.
Walk in on a federal jury in progress, Tell them your a veteran, your
life is in danger, you need there protection and lay before them any
documented evidence of your endangerment. At this point the Judge is
ordering you to be arrested. Now you will be under the law. You have a
right to a jury trial and legal representation.. Placing the government in a
position of defending an unconstitutional law arguing the VA clandestine
activities and veterans endangerment is above the law and the jury should
stay out of it.
Veterans if the VA has placed you in a position where you feel you have
to end it, your homeless, or your family is being injured, Don't waste
your life. Protect your life and family. use the only option available
to you. Turn yourself into a jury for protection,
There is a reason the Government wants us isolated from the jury. No
respectable US citizen when brought before them the evidence of what's
really going on. Would up hold it. For this scam to work, 2 rules must
be strictly adhered to.
1. Veterans are not allowed to tell.
2. Veterans must follow rule no 1.
"We are responsible for our own servitude, by our refusal to resist."
Etremine De La Broetie 1584. Any Rosa Parks out there?
The ability for the VA to inflict the pain and suffering we are
experiencing is directly related to our ability to accept this behavior from
the VA and our fear of taking on for ourselves the responsibility of full
American citizenship.
The Declaration of independence starts with. "We hold these truths to
be self evident"
If someday I must stand before a jury. I submit the below opening statement
that my right to be before them for my safety is self evident.

Ladies and gentleman of the jury. You took an oath to up hold the law.
Today your going to have to decide between two laws that are in direct
counter diction of each other. There is the 1933 economy act passed by
congress during the depression. This act took out veterans access to the
courts. What congress knew it could not accomplish by allowing veterans to
continue on with there constitutional right to the courts. Congress
abridged veteran's right to courts by departmentalizing veterans into the
Department of Veterans Affairs. What congress knew it could not accomplish
allowing continued judicial oversight. It did through a VA tribunal. upon
which due to social, economic, political pressures. With in the year of its
creation. Thousands of WW1 disabled vets lost there court ordered
compensation through this VA department.
Now we have the other law that is in direct conflict with the 1933
economy act. Its called the constitution of the United States. The
constitutions states. Congress shall pass no laws that abridge a citizen's
right to the constitution. The citizens right to judicial review prior to
1933 was practiced and protected by the constitution. I submit to you
today. It still is. However it is through acts of congress that disabled
veterans now have no choice but to approach the jury on our own without
congressional approval. Ladies and gentlemen of the jury. This is American
citizenship and constitutional law in its most rawest forum. The Bill of
rights states it's the citizens right to alter or abolish the destructive
gov policies, even the right to revolution if necessary.
Ladies and gentlemen of the jury. I'm not asking for a revolution here.
Or even the right to alter or destroy government polices. All I'm asking is
for you to uphold and restore to the veteran the constitution itself which
was raped in 1933. Give veterans back the right to redress there grievances
in a real court of law that has enforcement authority free from undo
influences with the authority to enforce its rulings.
The people who are profiting from veterans abuse are the ones who wrote
the rules taking away veterans rights to report and stop the abuse
Departmentalizing people as a substitute for there constitution and its
protections is a very dangours president , and not authorized by the
constitution. . What would happen if a Department of murders rapist and
thieves was created. All your rights would be suspended and your life would
lie in the hands of a bur crates who has access to lawyers but your not
allowed to have a lawyer and its voluntary if they follow the memorandums
that guide there operation.. Today you must choice which law you will
uphold. The constitution or the 1933 economy act.

"He has combined with others to subject us to a jurisdiction foreign to
our constitution, and unacknowledged by our laws, giving his assent to there
acts of pretend legislation---by depriving us in many cases of the benefits
of trial by jury, ---abolishing our most valuable laws and altering
fundamentally the forums of our government." Declaration of independence.


BAD FAITH DENIALS

The cat and mouse game of claims denials whether in the VA system or
insurance industry has been going on for hundreds of years. The VA has
hired hundreds of attorneys to advise them of what there rights are and how
to keep claims down, all the while these lawyers will argue in a court of
law keeping vets out of courts and from hiring there own attorneys.
Adjudication has become quite a science. None the less. All the tricks the
VA pulls on veterans to deny or delay claims. Has all been done before.
The thievery of our benefits by unscroupless insurance companies and
adjudicators is so common that the courts and legislatures have found among
the tricks. Common methods of bad faith claims denials and have listed them
in statue and court rulings. What im listing now is from civilian courts
regarding civilian insurance claims. However if you take out any of your VA
claims denials for the last 60 years. I bet you will see some of the below
unlawful methods used to deny your claim. Furthermore if you go to the
Court of veterans appeals and read the last 13 years of rulings you will see
repeatedly each and every one of these tricks being used by the VA year
after year..

FL Stat: 626.9541 UNFAIR METHODS OF COMPETION AND UNFAIR OR DECEPTIVE
ACTS OR PRATICES.

Unfair claim settlement practices---
3. Committing or performing with such frequency as to indicate a general
business practice any of the following.
4. failing to adopt and implement standards for the proper investigation
of claims.
5. misrepresenting pertinent facts of insurance policy provisions
relating to coverage's at issue
6. Failing to acknowledge and act promptly upon communications with
respect to claims.
7. Denying claims without conducting reasonable investigations based upon
available information
8. Failing to affirm or deny full or partial coverage of claims.
9. Failing to promptly provide a reasonable explanation in writing to the
insured to the basis in the insurance policy, in relation to the facts or
applicable law for denial of a claim.
10. Failing to promptly notify the insured of any additional information
necessary for the processing of a claim or
11. Failing to clearly explain the nature of the requested information
and the reason why such information is necessary
12. Failure to maintain complaint handling procedures

Now where the civilian authorities have outlawed the above with penalties
Veterans have The National Adjutant: Arthur H. Wilson of the Disabled
American Veterans. Stating in the July/August 2001 of there magazine. Mr.
Wilson called the VA adjudication process the "Ping-Pong Bureaucracy" He
made this statement because of the years and years a claim is bounced back
and forth without any of the merits of the claim being ruled on. The VA
adjudication process has also been called the hamster wheel.

continued......

thedrifter
01-25-03, 08:02 AM
This is a very sick abusive situation congress has thrown veterans
into. There was an experiment done. It was called the Stanford Prison
experiment. Prepared by Dr Zimbardo on the university of Stanford grounds
in 1971. Using volunteer students from the collage The experiment gave
one group of student power and authority over another group of students and
the lesser group had no rights or recourse. This experiment was so
psychologically destructive to those who had no rights that when the results
of this experiment came out. Laws were passed prohibiting any further use
of humans in these kind of experiments. In a more toned down way of sharing
what absolute power does. Some schools and collages have handed out arm
bands and told the blue bands are superior. In every case. Those with
power, abused that power, causing great suffering. Brown v. Board of
education reversed 100 years of segregation in the south because of the harm
little black children were faced with when forced to survive in a similar
power structure.
Whats that old saying. "Power corrupts and absolute power is absolutely
corrupt".
Without rule of law and enforcement authority. You get all to the
above crazy making scenarios and the VA knows exactly how to use this
against the veteran. How many of you have received the most out ragous VA
denials and they always come in your mail box on a Friday afternoon at the
start of a holiday weekend? That little trick is to psychologically make
you pay a price for submitting a claim in the first place. That burden adds
up if it takes 20 30 40 years before the VA approves you claim. Unless
Veterans are willing to exercise there American rights. We will continue to
be subjects to this fraud and abuse.

Written by:

Terry Higgins Email. va_rebel2001@yahoo.com.


Sempers,

Roger

United We Stand
God Bless America

Remember our POW/MIA's
I'll never forget!