thedrifter
01-25-03, 06:58 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.......
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.......