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Please if anybody can give the following help with filing a 10-0381 and form95 for the following Laws:

Veterans Affairs refuses:
Refuses to hold two requested hearing
Failed to complete requested De Novo Review
Failed to submit statement of the case for veterans notice of disagreement filed

38 USCS 3.665 (m)conviction overturn or dismissed
38 USCS 5103 Notice to claimants of required information and evidence.
38 USCS 5103(a)Duty to assist
38 USCS 5103B(1)(a) Assistance in obtaining records
38 USCS 5103B(3) Shall continue untill records are found

This comes under Section 505 of the public law 107-103

My Pro Bono Lawyer submitted a New York State Supreme Court, Queens County Certificate of Disposition which clearly states pursuant to Section 160.60 of the criminal procedure law " the arrest and prosecution shall be deemed a nullity and the accused shall be restored, in contemplation of law, to the status occupied before the arrest and prosecution "

The reply from Department of Veterans Affairs, Debt Management Center in Fort Snelling,MN Director: Daniel D. Osendorf states to the Honorable Paul E. Kanjorski that the OIG in Washington made attempted to obtain information to see if the warant was nullified they reported the record was sealed, as stated on certificate of diposition. It also states" If the warrant proves to be nullifed, the Pennsylvania office will reinstate his compensation, and he will a refund any benefits with held."

My Lawyer is Corprate Lawyer asign to me by NVLSP in Washington and he told at first as a Advocate for VA law he is a newbie and the VA RO, OIG and the cousel general are playing that way

Calvin E. Williams
P.O. box 624
Blakeslee, PA 18610


Thank you
 
Posts: 5 | Registered: Mon February 25 2008Reply With QuoteEdit or Delete MessageReport This Post
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Thanks Sue

The National Veterans Legal Services Program does not handle this type of case. If you call you will get an automated service. I call the VVA director of Veterans Benefits Department Mr. Houppert, Esq. he said this type of case is over his head, So much for membership. Contacted the Veterans of the Vietnam War Inc. & The Veterans Coalition they were just as pissed as I was but could not give any info where to go.

I need to file form 10-0381 & 95 correctly the first time or the goverment will make a paper air plane out of it.

Calvin
 
Posts: 5 | Registered: Mon February 25 2008Reply With QuoteEdit or Delete MessageReport This Post
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REPLY:

Here is the link to the Search
page for www.FindLaw.com. You can
also use Google.com by USC title.

http://www.findlaw.com/casecode/uscodes/

Go back to NVLSP and tell them
you want somebody who is more
experienced for your case and
not just some "new guy" who is
going to use YOU as his very
first training case.




Sue Frasier, VEV 1970
Army Signal Corps
national activist/protester
staff Blogger, VFJ


 
Posts: 7620 | Registered: Tue May 03 2005Reply With QuoteEdit or Delete MessageReport This Post
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