This Blog is not written by an
attorney, as any licensed lawyer
would not have the military
balls to say what I'm about to say.
___________________________________


For those of you Parrot-Heads who
delusionally insist on the unfounded
idea that VSO's actually know what
they are doing in the big confounded
arena of VA disability claims, hold
onto your canteens because I'm about
to walk you down the road of the
clueless and prove to you one of
the million reasons why pro bono
licensed lawyers ought to be brought
into our SCC claims system pronto,
regardless of all the whining and
footstomping that is done by the
unqualified and incompetent VSO's.

There is, in law, a little known
principle called Incapacity or
Want Of Capacity. It's usually
found in the indexes of state
law books. Here in New York it is
included in the New York Jurisprudence
set, and at the federal level,
you may also find a few limited
entries under American Jurisprudence.

If you go out to Google.com and
do a double search as follows,
then you can pull out several
Hits at a time on the subject:
"incapacitated person" AND law

More than likely you have never
heard of it in the Veterans arena,
and this is because the VA violates
it almost every time a new disability
VA Form 21-526 is processed by them,
and because the VSO Representatives are
too unqualified, untrained, and
malpracticed to enforce it, plead it,
use it for the Defense of sick Veterans,
apply it, invoke it, organize a
protest on it, insist on it's
recognition, or even to speak on
it or track it within this corrupt,
cruel, and serial-killer like VA
disability system.

The Incapacity doctrine has been
out there all this time just waiting
for somebody with a brain to use
it in the Defense of sick Veterans.

But when you have an entire VSO
army of Tweedle Dees, know-nothings,
patriot Parrot-Heads who question
nothing, self-absorbed title chasers,
bored low I.Q.'s who don't know
enough to go home and have a good
life, and other disabled types
who are often even more disabled
than YOU are, then it stands to
reason that this list of misfits
who need to find something else
to do, would easily slip on by
the more finer details and minutia
of such important Vet Defenses
as the Incapacity doctrine.

Yes it's the stupid leading
the sick, and it's hard to believe
that some of us are actually suckered
into supporting such malpracticed
nonsense.

Legal Incapacity, or a person who
is Incapacitated, is when that
person is no longer able to either
handle their own affairs and personal
matters, OR protect themselves from
harm.

The test for this varies across the
states. In New York, for instance, the
test is expanded to also say that
persons who are unable to defend or
prosecute their rights are also valid
and included definitions of Incapacity.

One of the big reasons why
Incapacity is a legal blur on the books,
sometimes even to the licensed lawyers
themselves, is that Incapacity
is very often folded into the
very same statute which also
protects Incompetent persons.
So Incapacity and Incompetency
are often dealt with in the
same body of law, and it requires
focused reading and the sorting
out of case citation histories
to figure out where one ends
and the other begins.

An Incompetent person is not
necessarily the same as an
Incapacitated person, although
in some cases, one person can
be both. Usually a person is
either Incapacitated OR Incompetent.
A coma patient is Incapacitated,
a developmentally retarded person
is Incompetent, to give examples
of extremes.

Some misguided lawyers in their
rush on readings, are making
the mistake of referring to
Incapacitated persons when
they really mean to make the
important distinction of
Incompetent persons.

Unfortunately in our Vets arena,
we don't have to worry about
any of it because the VSO's
have been asleep at the wheel
all this time and I was hard
pressed to find a single VA
case citation where Incapacity
was ever pleaded by any VSO.

Incapacity is often founded on
the realistic idea that a person
must be, and is required to be,
in a full physical and mental
state to absorb, comprehend,
process, and appropriately respond
to a legal proceeding, otherwise
that legal proceeding is viewed
by the courts as invalid.

In short, if you are too sick to
know what is going on in a legal
proceeding, too under the influence
of treatment or medicine, then
that legal proceeding is as good
as gone.

In criminal law, you will sometimes
hear in high profile cases on TV,
that a suspect must undergo a
competency hearing prior to
a bail hearing. This is to sort
out the rights of the Defendant
and make sure that he or she can
absorb and comprehend the legal
proceedings which they are about
to undergo.

The same is true in civil law,
but only if you invoke it and plead it.

If it is never pleaded or invoked,
then the Court is clueless about
whether or not Incapacity is
an appropriate application to the case.
Here lies the doom of silence,
bungling, and incompetence that
the VSO's have been cranking out
for entire decades in Veterans
disability cases.

The Incapacity doctrine, you see,
extends out to hospital and medical
patients. It's an immunity pleading
against the VA which has never
been used.

If you are in the hospital, or
at home with a major illness
such as cancer, diabetes, multiple
sclerosis, etc. - and especially
if you are under the care of
a Home Health Aide and so on,
then an Incapacity pleading
is waiting to be plucked from
the books and entered into a
VA law proceeding in YOUR name.

The problem here, (as you are
starting to guess me out,) is
that the VA has been conducting
a full, adversarial, court of
law proceeding against hospitalized
and medical patients who ARE
wholly Incapacited, but not
necessary Incompetent. None
of these medical patients have
had access to a pro bono licensed
lawyer because of the bungling
"volunteer" system that is run
by the VSO's. DAV etc. has subverted
and sabotaged all third-party
representation to the Veterans
disability claims arena, and now
there are no licensed lawyers taking
Vet disability cases.

Some of us are now uniting to
bring a quick and decisive END
to this outragous and cruel legal
malpractice.

In their relentless stupidty,
VSO's have done even more
harm to the Incapacity immunity
Defense by posting themselves
INSIDE the VA Hospital
system, and walking up and down
the halls, in and out of patient
rooms, getting the Veterans
to SIGN VA DISABILITY
LEGAL PAPERS WHILE THEY ARE
IMMUNIFIED BY THE INCAPACITY DEFENSE

If THAT doesn't blow your socks
off with shock and awe then
I don't know what will !!


Any Human Rights lawyer who knows
a little something about medical
patient rights would be stunned
at this practice by the unsupervised
sanctioning of VSO's doing this
to Vet patients at the VA Hospitals.

So on the one hand, the statutes
are set up to protect hospital
and medical Veterans from being
forced and coerced into a full
blown disability litigation proceeding
against well-funded, high-paid,
licensed and career-experienced
attorneys who are representing
the VA agency like prosecutors
on the prowl; and on the other
hand, dysfunctional and unqualified
misfits running around on behalf
of the DAV, VFW, etc. are shoving
VA legal papers into the faces
of bedridden medical patients
for a quick signature, with the
patients not even with enough bearings
to know what it is that they are
putting a signature to.

If that doesn't stop you cold
under the .....cruel and unusual...
category then there is something
wrong with YOU !!

Make no mistake that the VA fully
comprehends the joke behind all
of this. They are conducting
full adversarial court and legal
LITIGATION upon lawfully
shielded hospital and medical patients
who are Incapacited and are without
any access whatsoever to licensed,
pro bono lawyers.

And the VSO Reps from StupidVille
are running around trashing the
immunity protections of the
patients without ever pleading
Incapacity on the patients
behalf in front of the VA litigation
system.

The VA's claim forms in general, as
well as the policy itself of
conducting full adversarial legal
proceedings on Incapacitated
medical patients are all illegal
if not unconstitutional and is
fully overturnable if the right
law firm came along and chose to
take that on. In short, the whole
system is overturnable if only
we could find the right law firm
to represent the Veterans of
America as a general class, instead
of us as a "club membership" such as
with American Legion.

If anything, this Blog will be
an instant revelation to many of
you as to just how far off the
mark the VSO's have been in
processing Veterans claims, and
it will also be your wakeup call
as to just how close we are to
making HUGE national change in
this cruel and corrupt VA system.

Yes it's just around the corner
if only we would organize and
pursue a major class action law firm.

Veterans who felt pressured to
sign VA claims papers while
in the VAMC Hospital, can reopen
their cases and claim the Incapacity
Defense stating they were
without the required intellectual
bearings to know or understand
the true scope of the VA legal
proceeding that was previously
signed for.

The federal VA statutes to
invoke and plead are 38 CFR 20.301
and 38 CFR 17.33(a)(4).

If you want to go further and
plead that the VA proceedings are
completely illegal or unconstitutional
on the grounds that all persons
claiming VA disability are already
designated Incapacitated persons,
then knock yourself out in pursuing
that Defense too.

This doesn't mean you will win
your case since the VA routinely
falsifies the dockets on the
VA computers. All of law enforcement
is completely suspended inside the VA.
This has been verified time and time
again by many Veterans.

What it will do, however,
is set you on the trail of
reopening your cases, new
appeals, perhaps even qualifying
for a licensed pro bono lawyer
at the Veterans Pro Bono
Consortium after you have left
the BVA.

Because the VSO's have been
dropping the ball at every
turn on the Incapacity Defense,
(probably to make themselves
look more important in the
Veterans arena than they
really are), there are little
or no case citations in the
statutory stream for Incapacity
pleadings at the VA.
(Thanks for nothing you VSO morons!!)

But starting a new chain of
citations on the Incapacity
doctrine is open to us to pursue,
with or without a lawyer, so
this might be a new strategy
where we can all help each other.

Start supporting some of the Vet
advocacy efforts in our arena to force
the VA to provide pro bono
licensed lawyers to all medical
patients, OR otherwise completely
abandon their Guantanamo-like pursuits
of conducting adversarial legal
proceedings on verified medical
patients altogether.

And always but always, begin
advocating that the VSO's
completely get out of the
illegal business of running
law franchises for Veterans
claims without ever providing
a single licensed attorney to any
Veteran. Tweedle Dee representation
is no representation at all.

Sue you have hit many points on the mark.

Incompetence and Incapacitation are definately two distinctly different conditions and there are laws set in place for civilians to address that.
Veterans however are forced to submit to a "system" that is breaking all the laws.
It's crazy that there are two different standards, and worlds, one for civilians and one for veterans/prior & present military.

How can a government that insists its citizens obey the laws not follow suit within their own dealings and get away with it?

Our government needs to be held accountable to the double standards and yes we need more attorneys who are not afraid to speak out.

With regards to the VRO's they are not trained in legal procedings.
Any knowledge they have gleaned about the law, has been on their own time, of this I am almost certain.

Maybe YOU Sue should pursue law, you certainly have the mind for it.

Incapacitated people who are not incompetent can be dangerous people, because while their individual body parts may not still work, there is one body part that still does, it is the mind.

The mind & the right voice, two awesome combinations.

In my search today I ran across invitation to attorneys to work pro bono for veterans.

To the attorneys: We really would like your help!!
We need it!
Please don't let it be a family member of yours that falls in the same trap we are in to make you want to assist.