Before I start my outting of this
new subject, Activists UNITE! --- the
writing is on the wall that the days
are numbered before and END finally
nears with VSO's doing disability
claims for Veterans, and not a minute
too soon either.

2 new Bills making it's way through
the House and Senate have delivered
up 3 new Legal Tests for claims to
meet, and these are pre-mandated to
remove the "discretionary" powers
away from both VA Raters and VSO's
alike.

S. 2825, alternately called "The
10 percent Rule" firmly establishes
a minimum of a 10% service connected
rating for claims, where the Veterans
are already receiving Pharmacy for
their medical conditions which
are under the ruling application
before the VARO and BVA. No IF's,
AND's, or BUTTS!! (ha ha) If you are
getting VA or private medical Pharmacy
for your medical conditions, then
you will automatically walk into
a 10% rating minimum, and you
can tell the VA Raters to Shut
Up And Sit Down!!!! O-O-O-O-R-R-A-A-A-H-H !!
Whew! Thank you Congress for that
moment of Wisdom!

Secondly, SECTION 109 of the new
House Bill HR 5892 establishes an
all new law not yet on the books,
38 USCA 1156 which goes one step
further to pre-define a 50% rating
AND a 100% rating too by firmly
fixing their own Legal Test
of what unemployability is and
whether or not an injury is "healed"
or "not healed", regardless with
the emphasis and focus placed upon
IMPAIRMENT.

Woo-Hoo, YEAH BABY!!!
Don't Ya Just Love It?


Both of these Bills will likely
pass for no other reason that they
are both submitted by the Committees
themselves. HR 5892 is already
out of Committee and before the
full House.

But this is not without it's
embedded controversies attached
and it is here that the topic
arises of Sabotaged claims for
Veterans all in the name of the
scheming, predatory, and false
interests of VSO "Clubs".

We have aggressively taken issue
with this and I have directly begun
getting right into the faces of
the White House and Dept. of Justice
on it, and I'll take a minute here
to rake it over the coals with
ya so you can see what the crisis
is.

HR 5892 holds an alternate clause
of EVIL to Veterans known as
SECTION 107. This clause has shown
up in other Bills, we have always
entered Oppositions on it in past
years, but because of the Fraud
nature of the clause in this years
Bill, I decided to Bump Up our game
on the Opposition.

First, the entirety of the HR 5892
is rooted in the Findings and
Recommendations of the VDBC Commission.
Secondly, SECTION 107 is NOT
a part of the VDBC recommendations.
So this is the first point of
False Pretense and Fraud that arises
in the Bill.

Looking back to find out where this
SECTION 107 has been also deceptively
applied, the answer comes up it
has almost always been applied
by largely Republican Bills. The
same is true here, because HR 5892
in it's entirety was largely driven
by Republican Doug Lamborn, by reason
of their very own open Bragging
on webcasted hearings.

During my January trip to DC and
meeting in the VA Secretary's Office,
I had a time gap to fill between
appointments and wound up having
a 2 hour meeting with Steve Robertson
of American Legion at the HQ office.

I also had, what I thought to be
a process set into motion for the
Albany Office of American Legion,
via one Alton Carpenter, to take
over the Fort McClellan Veterans
group and to start the claims and
legislative side of that advocacy
through the Legion so that I could
move on to other things here at
Vets For Justice.

That effort fell through, and I
will talk now, for the first time,
about the crap out of that effort
and why SECTION 107 is a part of
the Claims Crisis of what is going
on with Veterans and their cases.

It was found first, American Legion
was only and exclusively obsessed
and pre-occupied on the one and
sole issue of MEMBERSHIP with the
Legion. I was sent on a royal rat
chase, first from Albany then to
Washington and then finally to
Woodstock New York and in the end,
all of these Legion offices point
to each other and wind up in an
argument between themselves without
ever being concerned about Vet
DEATHS while they are all standing
around and bullshitting time away.

I was promised that at their next
state annual meeting, that a
Resolution would be submitted on
the Fort McClellan issue so they
could then "work the issue" through
the Legion system. This was never
done, nor was I told anything about
the change.

The truth is, American Legion is
operated by a bunch of Old White
Men who refuse to go home to their
wives, and are too dumb, too dysfunctional,
too incompetent, and too self-absorbed
to be of any service at all to
Veterans at large.

In the 2 hour meeting in DC,
Robertson started jamming down
my throat this little catch-phrase
of "a well developed claim".
In fact when I returned to Albany,
we went on to argue between ourselves
for the next 3 consecutive days
by email back and forth on this
very issue.

The concept of the "well developed
claim", which is exactly what
SECTION 107 is all about and
why we are Opposing it, is a VSO
championed phrase. Without this
phrase in place, the entire VSO
claims industry will crumble
like the Wall of Berlin and the
Fall of Communism itself.

Veterans DO need to get a clue
about the hazards of this catch-phrase
that they are all floating around.

The VSO system itself is heavily
rooted in the concepts of Extortion
and False Pretense. The idea is
to FORCE Veterans to MEMBER these
Clubs under the idea that they
have skilled, licensed attorneys
for the Veterans. Then it's only
after they PAY membership fees that
they are told that all they get
is just some other sick guy who
lives up the street and has no
professional licensure in the
practice of law whatsoever.

Nor are the Veterans told in advance
that these VSO's refuse to help
the most complicated of cases because,
by their own admission, they are too
dumb and unqualified to handle
the complexities of the case.
There is an entire population of
Veterans who are not helped at
all by VSO's. Then if the VSO's
do bungle the case for Veterans,
the Veterans have no statutory
remedy in place to file for the
recovery of damages. So THERE !!
Get it????

SECTION 107 of HR 5892 seeks
to "expedite"
or accellerate any "well developed claims"
ahead of all other Veterans regardless
of how long those Veterans have
been entrapped in the system
backlog.

What the meaning is of a "well
developed claim" is also a problem,
using my own case and experiences
as an example, having been in the
system now for 36 years with no
rating at this date.

It seems that when I submit my
own Army Hospital Records, the
VARO and BVA hops from one excuse
to another why those records will
not be allowed into the record.
The most common abuse is the
so-called "new and material evidence"
rule. If they bungle the case the
first time, then the "new and
material evidence rule" is then
applied to block the Veteran
from making any corrections.
Get it??

However, this all changes if a
VSO "Club" extortionately obtains
a "power of attorney" designation
and the Veteran is now forced
to pay a MEMBER FEE to the "Club".
The VSO "Club" can submit the
very same papers that I just finished
submitted, and by reason of the
PAID MEMBER FEE, now all of a sudden,
BVA and VARO grows a brain and
allows those same Army Hospital
Records into the claim.

For 36 years, the VA has written
my case in an endless chain of denials
to refuse allowing my evidence
papers into the record, and each
deliberately falsified ruling is
carefully constructed to suggest
that there is either something
WRONG with these papers or as
if there is something WRONG with
my ability to submit them.

You can trust me when I say, I
am submitting them exactly the
way that the VSO's are submitting
them because I own the exact
same training books that the
VSO's purchase in their training
process.

To that end, the question is asked:
"what is actually different between
me submitting my own evidence papers
and the VSO's??"

The answer is but two things:
(1) the VA Raters are looking for
my payment of FEES to the VSO "Club" AND
(2) the VA Raters are looking for
my "title" as a VSO.

In other words, the VA Raters are
deliberately trashing fully legitimate
Vet claims on the simple extortion
practice of them not paying MEMBER
FEES to VSO's.

If all of this Nonsense To Nowhere
is not enough for you, then let's
talk about the Ultimate Injustice
that lurks inside this very HOAX of
a doctrine called "well developed
claims" and it is here that you will
get the much larger meaning of
just how fraudulent and malpracticed
this whole SECTION 107 really is.

The first and basic concept of
a "well developed claim" was first
used in a ruling decision by the
Court of Veterans Appeals in a
case back in the 1980's involving
Veterans who had NO military medical
records AT ALL, and then also,
presented with medical conditions
LONG AFTER HIS MILITARY SERVICE.

The case was dubious at best.

This Veteran and "his representatives"
went into a multi-year Odessey of
standing on his head and doing cartwheels
to develop OUTSIDE EVIDENCE
which would, in the end,
basically Fabricate the legitimacy
of the claim. This included faker
"testimony" from his military buddies,
which nobody else could substantiate
in the documents, and contrived doctor
statements which were based on what
they were told by the lawyers etc.
It was a batch of ridiculous and
contrived ALTERNATE EVIDENCE even
based on his "life story".

The CVA then eventually ruled on
the many appeals that came up in
the case, that the Veteran had
submitted a "well developed claim"
and should be allowed to proceed
as a service connected award.
Of course, this is all bullshit,
and part of the Ole Boys way of
doing things which is intended
to shut out us Girls cases but
for the sake of articulating and
describing to all of you what
the details of this Extortion
scheme really is, then I muck
through it to you now for
complete examination of what
this crap is all about.

Once you understand this very CHUNK
of what the "well developed claim"
is premised upon, then I can take
you here to the very next level
of understanding of what is actually
happening in the claims system.

By the very meaning of this
whole idea of a "well developed claim",
the VA has taken the position that
every single Veterans case ought
to be a "well developed claim".
This is to mean, completely DISREGARD
the factual and actual PROVEN evidence
in the case such as military records,
and then to adjudicate the Veterans
case based on his or her "life story"
and alternate fabricated "evidences"
such as Stand-On-Your-Head rat
chasing that goes on for YEARS
to first get this statement
from a buddy, and then get another
statement from your frigging PEDIATRICIAN
and then another doctor who passed
through your life and cannot even
remember you and so on and so on.


GET IT !!!

So they are using and abusing this
catch-phrase of "well developed claim"
to perpetuate the wholly UNNEEDED
and UNNECESSARY infinity of claims
processed at VSO "Clubs", in exchange
for the payment of Forced-membered
FEE PAYMENTS, and then bleeding
the Veterans dry of time and irrelevant
CONTENT to the case to FORCE the
Veteran to deliver these many
destinations of Alternate evidences,
with a complete disregard for the
basic and factual evidences which
are already AT HAND, which is ---
the Veterans military SICK CALL
records, his or her ENTRANCE
Physical records, and his or her
EXIT Physical records.

Putting it another way, those of
us Veterans who have clear, immediate,
and OVERT service connectability
by reason of in-service and active
duty medical treatment records,
are then FORCED to subordinate and
subject ourselves to a different
Evidence standard which is intended
for those Veterans who have NO
records at all for in-service treatment.

GET IT??????


This is a heavily orchestrated FRAUD
and EXTORTION scheme that lurkes
between the legislative commitees,
the VA Raters, and the VSO "Clubs".

Once your eyes become opened to
the size and scope of the INJUSTICE
of all this sad and illegal CRAP,
you will then know what to do
to put on an Effective OPPOSITION
to these lame and sorry clauses
such as SECTION 107 inside of
HR 5892.

It is an exercise of Sabotage and
Unnecessity and even Irrelevance
to go down this road of alternate
evidencing and probing a Veterans
life story when he or she already
has military hospital and treatment
records fixed into place right at
the time of the claim itself.

The combined effects of the 2 Bills,
S. 2825 and HR 5892, on the one hand,
tries to take away now, a chunk
of the discretionary powers of the
VA raters and will have a side effect
of eliminating parts of these Extortion
scheme by fixing and mandating NEW
legal tests for the VA Raters to
answer to as I have clearly stated
in the top part of this Chat.

On the other hand, howerver, SECTION 107
is an attempt to hold onto old ways
and old plays with the Ole Boys
hoaxes which have been permitted to
creep into the system, and it is the
root of all frauds and schemes which
keeps the VSO "Clubs" in business
with FORCED and EXTORTED payments
for member dues which are in all other
ways, not even necessary.

These Extorionate VSO's are only
doing what Veterans themselves can
do which is to submit their own papers
for proofing. But it's the VA Raters
and CVA appeals court, who is falsifying
the ruling documents to force the
Veterans to PAY MEMBER DUES to the
VSO's so that the VA Raters can
submit and then have the very SAME
evidence papers allowed into the
record.

GET IT ????? I rest my case.

In the final end, there were NO
services provided to either me
or the Fort McClellan Veterans and
I fully withdrew any attempt to reach
out to American Legion by reason of
their complete disregard for the
critical health concerns of the
sickest of our members. In short,
American Legion was preoccupied
with preservation of PROCESS (instead
of "challenging" it) and the payment
of FEES.

By the very way and manner which
which the doctrine of a "well developed
claim" is applied and abused, it is
intended to OUT, probe, examine,
publish, and talk about all other
aspects of the Veterans lives which
are fully PROTECTED by law in the
first place by the PRIVACY ACT of
1974. The VSO's through all of their
incompetence and bungling, are effectively
forcing Veterans to testify "against
themselves" by bringing in other
irrelevant parts of their private
lives, including their lives before
and after military service as an
integral part of the VA Claims
Adjudication process. To that end,
we stand OPPOSED to this Travesty
Of No-Justice and we encourage all
other and new Veterans coming in
to do the very same.

This message has been edited. Last edited by: McClellanVet,