On July 27 of this year, a
veteran by the name of James
Deshotel received a court
ruling on his VA disability
case, docket #05-7155 by the
U.S. Court of Appeals for
the Federal Circuit. Deshotel
vs. Nicholson, Secretary of VA.

He was represented by a law
firm from Maine, but incredibly,
the U.S. Government brought
in an entire army of agency
lawyers to go up against this
verified disabled person to
include 4 attorneys of the
U.S. Dept. of Justice, (one
of which was the Assistant
Attorney General) and 2 attorneys
from the Dept. of Veterans
Affairs. That's a total of
6 lawyers from the government
everybody against one sick guy!!

The case involved a veteran
who was in a car accident during
his active duty 1965-69. To
make a long story short, he
had filed for various head
injuries shortly after he
got out of the military, which
he received partial percentage
ratings for, but as the years went
by and other head conditions
emerged, he filed for other increases
and new add-ons to the
existing case. Some of those
were granted and some were
not.

Every Veteran in the U.S.
needs to know about this
court decision because it
could be abused against YOU !!

Federal Circuit spent the first
5 pages of the ruling bogged
down with details on filing
dates and other minutia which
had nothing to do with whether
or not the man was disabled as
a result of head injuries from
his car accident. This is
the dirty rotten deal that
veterans get from the courts
to distract from the fact
that the court is really not
speaking to whether or not
the veteran really is service
connected. They will do this
brief that will take you
here, there, and everywhere
EXCEPT to the place where it
points out that YES the veteran
really was injured while in
the service.

But then things really started
to get interesting after they
take you on this hayride of
details to nowhere.

Federal Circuit felt the need
to expand the issues of his
case, and make commentary on
matters larger than service
connection itself.

We were stunned to see that
Federal Circuit branched out
and proceded to rule on
the issue of filing multiple
claims with a single application.

In two parts of the ruling,
Federal Circuit decided to say
that wherever the Veteran files
a multiple claim with several
conditions in the one application
package, and the very first
condition on that list is
denied by the VARO,
and if the other claims in that
list are then not spoken to by the
VARO ruling, then the second, third,
or fourth claim for conditions
in that string are automatically
considered to be denied
just as the first condition is.

Furthermore, it is implied in
this ruling, that the VA does
not have to even notify the
Veteran that this is what is
going on, or to even further
explain themselves for the
reason of denial on the entire
string of claims.

It would seem here that if
the veteran files separate
claims with different applications,
he or she could then bypass
this rule.

What is stunning about this
ruling from Federal Circuit
is that short of giving out
it's usual cryptic one or
two case citations that the
average disabled person would
have to pack up and run to
a law library somewhere and
then spend half a day on their
feet to retrieve and then
read at length, the truth is
that Federal Circuit has no
basis in law to support this
notion and crap pile of a ruling.

The VA disability system is
rooted in martial law and
not constitutional law. So
the core source of where
exactly they are drawing their
contentions about the agency
as expressly empowered to
do this kind of thing to disabled
people is nowhere discussed
or elaborated upon in the
July 27 ruling.

It kinda causes you to ask,
so what's all the disability
and handicap protection laws
for if the agencies and the
Federal Circuit court can
simply sit on their bonehead
asses all day and never apply
a single Americans With
Disabilities Act, now doesn't
it ??

Even more stunning, the veteran
has significant head injuries
stemming from the accident.
To put the extent of this
mumbo-jumbo law brief on the
backs of a legitimate service
connection disability case
is but a glaring example of
how the VA uses legal venues
as a weapon of mass destruction
against truly sick, medicated,
and injured veterans who
are verifiably disabled but
cannot achieve service connection
statusing in VA claims because
of the relentless and psychotic
"Simon-Says" childs game
that is used to club veterans
over the head, and to rob
and cheat them from the totality
and timeliness of their VA
benefits.

In short, we are equal to
the Detainees of Guantanamo
where the laws are on the
books to protect us, but the
criminals who are abusing
them are wearing black robes
and holding high government
office.

The mere fact that the veteran
has been in the system since
1969, and all this time later
in 2006 he STILL cannot
get disability justice from the
VA ---- and hey wait a minute,
this is the VA Lawyers and
Justice Department Lawyers who
are gang-banging him to boot ---
this really does put it front
and center that all of law
enforcement is completely
suspended and there is
noplace anywhere for Veterans
to report hate-crimes coming
from the VA. Instead of
representing US, the Justice
Department joins with the VA
and goes the distance to
falsify, hide, conceal, and
beat to a relentless pulp
the values, honor, and dignity
of true and legitimate disability
cases of military veterans.

Since the veteran is only receiving
a fraction of what he is entitled
to, we can only stand around
and imagine what his poverty
conditions are, while the
U.S. government gangs up
like a hate-crime street gang
syndicate and steals his life
blind from the rest that he is
entitled to.

Another viewpoint to take is
this: if they are doing this
to active duty car accident victims
where there is no contention over
the validity of the incident, then
WHAT are they doing to legitimate
combat cases?? Oh my God !!

This court ruling from the
Federal Circuit was stuck in
my bag and bused to Boston
and handed over in person to
the Veterans Disability Benefits
Commission for their immediate
study and corrective action
if necessary in the arena that
they are working. They have no
trouble at all sorting out
how a bungled and nonsensical
judicial ruling from Federal
Circuit can domino out and
effect every Vet case in America.

In the meantime, this one
is for the record -- veteran
James Deshotel has been denied
his VA benefits and I can
tell you for sure, that for him
to appeal at the U.S. Supreme
Court, he would have to cough
up enough substantial money
to hire a highly specialized
law firm which only does
Supreme Court cases --- they
are usually found in Washington.

The torture of veteran James
Deshotel is now a matter of
public court records, and let it
shine for all the world to
see that the VA agency
IS NOT a hospital system
or a healthcare plan. It
is a relentless patient-abuse
factory which kills and murders
truly sick Veterans through
merciless strains of life
conditions inflicted upon
the sick and unassisted, time
and time and time and time
again.

This is truly a day of mourning
to all veterans who are pursuing
VA disability claims. Let us
pray for the end of torture
for James Deshotel.

Sounds like our dear honest congressmen and senators are steadily protecting veterans rights as usual. It all depends on race and wheather the vet is from another country. Thes4e jokers need to be contacted and vets need to let them know that they will not get anymore votes unless all vets finally get justice.