Adding onto and continuing from the Forum
below on the all out case rigging scam
and fraud at the U.S. Court of Veterans
Appeals, here is a longer discussion
on what exactly is going on with illegal
ex parte proceedings
at the court against innocent Veteran
litigants.

There is a regulatory statute in the
Title 38 Code of Federal Regulations
that allows and permits the Board of
Veterans Appeals to conduct ex parte
proceedings on Veterans. The meaning
of ex parte is to litigate at
the full exclusion of one of the effected
parties. In the case of 2 parties, only
1 is recognized or acted upon by the
court.

Veterans do NOT comprehend the meaning
or seriousness of this regulation.

While they have managed to sneak this
through at the agency level of the
Board of Veterans Appeals, when the
case passes to the (CVA) Court of Veterans
Appeals, all bets are off on the
ex parte .

All federal courts prohibit ex parte
proceedings UNLESS in a few and limited
litigating scenarios and the permission
of a Judge must be obtained before it
is done: usually in a sidebar or conference
with a judge at an earlier hearing.

If the parties are both known to a case,
and both are appearing in the case, then
almost ALWAYS, the judge will refuse in
every instance, any kind of an ex parte
proceeding. Federal judges just don't
like these and it's a standing rule that
something really LARGE must be at play
in a case, such as a murder or extradition
from a foreign country, before ex parte
can even be approachable to a federal
judge. In some limited cases, states are
more liberaly on ex parte and do allow it
by statute.

Where the failure and mistake is at
the VA, involves the meaning of the
Ex Parte regulation: it is intended to
mean "without the presence of the VA
Secretary". But some crackpots and unqualified
types at the Board of Veterans Appeals
are actually treating this regulation
as if to mean "without the Veteran".

You will notice that nobody representing
the VA Secretary is ever present at a
BVA hearing. This is because it is understood
that the BVA itself represents the Secretary.

GET IT ????????

I submit to you the regulation below
and how it is actually stated on the law
books at 38 CFR Part 20.700 so you
can see what a crackpot nut factory they
are running inside of Veterans claims.

Get a clue as to just how very serious
this breach is at the Court because
VSO's have been standing around and allowing
this to happen to Veterans cases for an
entire eternity, and I do mean DECADES !!


____________________________________________


[Code of Federal Regulations]

[Title 38, Volume 2]

[Revised as of July 1, 2008]

From the U.S. Government Printing Office via GPO Access

[CITE: 38CFR20.700]

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 20_BOARD OF VETERANS' APPEALS: RULES OF PRACTICE--Table of Contents

Subpart H_Hearings on Appeal

Sec. 20.700 Rule 700. General.


(a) Right to a hearing. A hearing on appeal will be granted if an appellant, or an appellant's representative acting on his or her behalf, expresses a desire to appear in person.

(b) Purpose of hearing. The purpose of a hearing is to receive argument and testimony relevant and material to the appellate issue. It is contemplated that the appellant and witnesses, if any, will be present. A hearing will not normally be scheduled solely for the purpose of receiving argument by a representative. Such argument should be
submitted in the form of a written brief. Oral argument may also be submitted on audio cassette for transcription for the record in
accordance with paragraph (d) of this section. Requests for appearances by representatives alone to personally present argument to Members of the Board may be granted if good cause is shown. Whether good cause has been shown will be determined by the presiding Member assigned to conduct the hearing.

(c) Nonadversarial proceedings. Hearings conducted by the Board are ex parte in nature and nonadversarial. Parties to the hearing will be permitted to ask questions, including follow-up questions, of all
witnesses but cross-examination will not be permitted. Proceedings will not be limited by legal rules of evidence, but reasonable bounds of relevancy and materiality will be maintained. The presiding Member may set reasonable time limits for the presentation of argument and may exclude documentary evidence, testimony, and/or argument which is not
relevant or material to the issue, or issues, being considered or which is unduly repetitious.

(d) Informal hearings. This term is used to describe situations in which the appellant cannot, or does not wish to, appear. In the absence of the appellant, the authorized representative may present oral arguments, not exceeding 30 minutes in length, to the Board on an audio cassette without personally appearing before the Board of Veterans Appeals. These arguments will be transcribed by Board personnel for subsequent review by the
Member or Members to whom the appeal has been assigned for a determination. This procedure will not be construed to satisfy an
appellant's request to appear in person.

(e) Electronic hearings. When suitable facilities and equipment are available, an appellant may be scheduled for an electronic hearing. Any such hearing will be in lieu of a hearing held by personally appearing
before a Member or panel of Members of the Board and shall be conducted in the same manner as, and considered the equivalent of, such a hearing.

If an appellant declines to participate in an electronic hearing, the appellant's opportunity to participate in a hearing before the Board
shall not be affected.

(Authority: 38 U.S.C. 7102, 7105(a), 7107)

[57 FR 4109, Feb. 3, 1992, as amended at 58 FR 27935, May 12, 1993; 61
FR 20450, May 7, 1996]



__________________________________________
END of VA Law Citation


It is a totally valid legal Defense for
Veterans to invoke the Ex Parte proceeding
Defense if you have been victimized by
this at the Court of Veterans Appeals.
Don't stand around and let them bum-rush
you through your process. Federal Circuit
will NOT uphold an Ex Part proceeding
by CVA so go up on appeal if you have
to and file a misconduct complaint on
the Court Clerks' Office if it comes to
that. The (CVA) is totally and absolutely
WRONG in holding ex parteprocess
against Veterans on the court docket.

An Ex Parte proceeding, for example, is
where the VA files a Motion, then the
court turns around and grants the motion
just minutes after that filing without
ever sending you a copy of the Motion
in the mail to give you time to file
a Reply to that Motion. Only one side
of the case will be heard and you will
be treated like you don't even exist
in your very own disability case. You
will know then that you have been victimized
by an illegal ex parte proceeding.

We are working to get the agency level
regulation Repealed and stricken from
the books, but understand until then
that the CVA is NOT empowered to hold
ex parte proceedings and no appeals
court will stand by them if they do.