This information was sent to me on October 4, 2009, by another US Veteran
or an attorney, I'm not sure which at this point, but since it contains case law and apparent top-secret court testimony
file content, It looks competent. Anyway, read it and take it for what it is worth. Inside information..
It could be factual and very meaningful as to why American Veterans are not receiving their proper support/benefits from the
US Government run Department of Veteran Affairs. Because this information may be correct, and I believe it to be correct,
and because the US and or Federal Government is allowing it to continue, it should be look at as a COVERT MANDATE from our
Government to its employees to defraud taxpayers and especially our brave Veterans.
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"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).
ie, 'The State of Court' transcript, Paragraph 9, with Congress's law
of the land US CODE, TITLE 38, Sections 511 and 7252. Decissions of the Secretary; Finality; References (1), (2) and (3). This is a, no teeth, Congressional
Legislative VS an independant 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 IGNORED,
'Schedule of ratings for Disabilities', decisions.
An example of the initial adjudicators to date freely ignored is this Veterans 1957 DVA physicians resultant statement, MPerR
Permanent, Surgeon HQ ARRC JUN 25, 1958, Medically disqualified for Military Service.
References: (1) The complete 16 paragraph
"State of Court" transcript is available upon request... It was previously
listed at , but now missing from the Chief Judges and State_of_court sites:
http//.www.goognet.com/~heads/nebeker and http//.www.firebase.net/state
of court brief.htm
REF:
"State of Court
Chief Judge: Frank Q. Nebeker
State of the Court
For representation
to the
United States Court of Veteran 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 NO APPEAL. That
is, I am afraid, what we have today in many of the departments agencies of Original Jurisdiction, That is AOJ's around
the country.
Neither the court through the board, the Board, nor the General Counsel has direct
or 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 who attitude is; "I haven't been told by my boss to change.
If you don't like it, appeal it." Emphasis added..
The top medical 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 TAKEAWAY FROM VETERANS.
(2) United
States Code, Title 38>Part 1>Chapter 5> Subchapter 1
511. Decisions of the Secretary; FINALITY
http//.www.law.cornell.edu/uscode/htm1/usc...11----000-.htm
(A) The secretary
shall decide all questions of law and fact necessary to a decision by the secretary under a law that effects the provisions
of benefits by the secretary to the 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, weather by an action in the nature of mandamus or otherwise". (Emphasis added)
This means that even if you served your country honorably and you have a service
connected disability, the VA does not have to recognize it nor pay you for enduring it, as agreed when you enlisted or were
drafted as allowed by the US Government... And, every Congressman out there voted for and continues to vote for these actions against US Veterans.
Therefore,
No court Review of the medically untrained DVA Laymen, and "SECRETARY" schedule of ratings for disabilities decisions
as proven by:
United States Code, Title 38 Part V.Chapter72.Subchapter1.
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. (Emphases added)
This law should, the one
protecting the federal Government from court hearings or prosecution for Prejudice is wrongful and should be be repealed
immediately as an unfair and highly prejudicial act against Americans in general. In addition, no, one man, especially a secretary appointed by the President to do his bidding,
should have that kind of power over any countries citizenship without some kind of control or oversight, Civilian oversight...
We should have a civil court in place to control such a secretary's prejudicial actions against our Veterans.
