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| The following speech was given by me at the August 3 session of the Veterans Disability Commission touring at Boston, Mass. Several supporting documents were attached including the newest court ruling of the James Deshotel court case from the Federal Circuit Court. _______________________________ I'm here today to ask for the full and complete repeal of the new and material evidence rule in Veterans disability claims found in Title 38 of the Code of Federal Regulations, Part 3.156. I also wish to join with Vietnam Veteran Charles Cook, who appeared before this Commission 2 weeks ago in Washington and stated he had been trapped in the VA claims system for 30 years without benefits. I want to identify myself as being trapped in the system for 34 years since 1972 with no benefits to this date, even though I failed my discharge exam from the Army and was issued a DA-664 Form stating my eligibility for VA compensation benefits, and was in a VA Hospital just 90 days after my discharge. The new and material evidence rule is one of the most abused and wrongly applied rules in all the VA disability claims system, as it falls in the hands of illiterate, bungling, unqualified, and malpracticed VA Claims Adjudicators around the country. It is buried in falsified Court rulings and phoney judicial opinions which are not even true from both the Court and BVA. If a single case is bungled or falsified in the VA claims system, it is then abused and misapplied one hundred thousand times again to other innocent and legitimate Vet cases. The layers of wrong precedent are used as a systemmic weapon of mass destruction against true service connected Vet cases, and I am one of those cases. I have been blamed in my own VA disability case, for every error, perpetration, and screwup by just about every VA employee that I have come in contact with, so here is the list of excuses that I've had to sit through at the hands of the system: ** I can't have my benefits because the nurses at the VA Hospital incorrectly filed my claim papers. ** I can't have my benefits because I was a hospital inpatient without access to all of my Army papers at the time that the VA nurses filed my claim papers, My own inpatient status is used against me by VA adjudicators and the Office of General Counsel. ** I can't have my benefits because the Comp & Pen examining doctors failed to write my Comp & Pen report correctly. ** I can't have my benefits because the VA Hospital in Washington DC failed to keep my 1972 surgery records and they are now destroyed. ** I can't have my benefits because all of my evidences of VA surgeries dating back to 1972 are not new and material. They are chronic and continuous, but are not new and material. ** I can't have my benefits because my Army Hospital records have previously been used and bungled by other VA employees and I am now blocked from using my own Army hospital records as evidence. ** I can't have my benefits because the VA Claims Adjudicator is unable to tell the difference between regular teenage facial acne on the skin, and chemical contamination chloreacne which requires emergency surgery for ulcerated cysts which had to be surgically removed. ** I can't have my benefits because a letter of inquiry about my case from my Congressman does not state that I was service-connected. Please note that the letter was never submitted as evidence. It was submitted as a correspondence copy. ** I can't have my benefits because the Army Hospital records do show and verify that the Army doctors did not conduct any medical tests upon me to explore the possibility of chemical exposure as a causation. ** I can't have my benefits because the VARO's first falsified my case on the VA computers, and now are too worried about a malpractice lawsuit if they tell the true nature of my case now. ** I can't have my benefits because I am too poor to pay for a licensed lawyer to fix my legal mess which has been caused by VA employees. ** I can't have my benefits because a claims representative working for the VARO Office did not submit my case correctly. Let me point out there is no available process to investigate or prosecute VA employees who deliberately falsify Vet cases. It's important to know that my medical profile has not really changed over the years at all. There has been one single chronic and continuous medical story for me since my Army days which has only verified itself in multiple ways as the years have passed by. VA employees must be held accountable for their skewing and falsification of legitimate service connected cases. Veterans should be allowed to package complete cases to tell a complete story, regardless of whether or not the VA has already seen the papers. The new and material evidence rule is systemmically abused to block the inclusion of the Veterans own military service records from rulings, as in my own case. The VA has falsified my case now to the point of "identity theft" and it would take the entire FBI agency to sort out all the layers of VA mistakes and deliberate lying in my papers. The new and material evidence rule has been a primary source of document falsification by the VA and court employees in the matters of legitimate Veterans claims, and I am here to confirm that this is true in my own personal 34 year old case, and I ask that this VA Commission take the important steps of repealing the statute once and for all. _______________________________ At the conclusion of my comments, Commissioner Dennis McGinn stated that "for the record..." that even if the Commission submit the recommendation to Congress for the repeal of the new and material evidence rule, that Congress has full deciding discretion as to whether they do or do not heed that recommendation. [ of course this caveat is true about every single recommendation that the Veterans Commission submits to the President and Congress in its concluding papers for next year in 2007 ] CLICK ON THE IMAGE BELOW TO ENLARGE FOR VIEWING. This message has been edited. Last edited by: McClellanVet, |
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LIVE CHAT 6 PM to 9 PM EST Live Chat 6 PM to 9 PM EST ONE VOICE Chat Community VA Regulations & Guides Public Comment Given to Boston Commission (Personal Album)
Live Chat 6 PM to 9 PM EST ONE VOICE Chat Community VA Regulations & Guides Public Comment Given to Boston Commission (Personal Album)Copyright 2004
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