The outcomes that you get in the government
complaints process will be measurable
only to how well your issues and strategies
are formed and applied. For all too long,
many of the men Vets have been advocating
on wrong issues at the wrong destinations
and then not really doing a good job
of focused and exacting presentations
when they do get to the right destinations.

This has been a problem, but with
what I am going to set forth for
all of you in this Catalog here
at Vets for Justice, over time you
will be able to master your own
efforts and get better success
in solving your own issues.

The majority of you tend to almost
always, always, and always focus
on the Comp and Pen process when
speaking on Claims. Here, you can
broaden those horizons and begin
thinking outside the box.

What are the VA issues which bothers
you the most, or is a story that
you are passionate about fixing
if you can only get the right audience?
Start making a list and then work
from your list. This exercise in
planning is important because it
is only after you start listing
issues and matters on paper that
you can then match up those issues
to JURISDICTION so that you can
know where to file complaints on
those issues.

Men Veterans in particular have
not done a good job on this in the
past. It is all new for you now
so we will walk down that path
together.

Do ya wanna go after the VA Inspector
Generals Office? Or the Office of
General Counsel? Or the VA employees
Federal Labor Union? Or the VSO's
[either the clubs or the government
ones]? Or how about the Chairman
of the Board of Veterans Appeals?

Now think even bigger!
Are you satisfied with the House
or Senate Veterans Affairs Committee's
using your name and then giving
you legislation that you do NOT
want? [case in point, the Larry
Craig lawyers for fees bill that
passed 2 years ago and was passed
off as something "wonderful" to
Veterans]. Do the individual members
of the 2 Committees have some baggage
that you want to gripe about ??
Are you fed up with the Dept. of
Justice not helping Veterans when
the VA law system refuses to help
you? Do you want to work on dismantling
the broken and dysfunctional Veterans
Pro Bono Lawyers Consortium which
only helps Veterans entering the
Court of Veterans Appeals? Perhaps
you want to open that up to agency
level cases at the VARO and BVA
but didn't know how and where to
file to launch an investigation into
having that done?

Are you a non-combat Veteran who
is fed up with all the Bills only
going to Combat assistance while
leaving you in the Backlog? Get an
iced tea, a paper and a pen and
sit out in your back yard and just
ponder this through and figure
out what your gripes are and
who or what you would like to go
after in the VA system.

Start with your list of issues.
Then as I go through and post the
complaint destinations, see how
you can match up those Jurisdictions
to your Issues List.

Also consider some complaint strategies
to get you started.

Direct Complaint - one complaint
document going to one destination of
jurisdiction.

Multiple Filing -- the same
or similar variation of a complaint
going to multiple destinations of
jurisdiction.

The Lateral -- filing across
several common level destinations of
jurisdiction. Such as the agency level,
first filing at VA then filing at
Justice Department or Dept. of Health
and Human Services. Or filing at
House Veterans Committee then the
Senate Veterans Committee.

The Flying Kite --- you file
at VA and nothing happens, you file
at the Committees or with Members and
nothing happens, now you are filing
at the Ethics Committees or Rules
and Standards Committees to force
the Veterans Committees to mobilize
into action or fire some people. You
are working Above the highest levels
of the food chain.

The Wraparound --- you file
at all points above the VA and also
all points below the VA as well
including state level Attorney
General websites and offices.

Finally, sort out your issues to
determine if you can make a Civil
allegation OR a criminal allegation.

Criminal law is trickey for sure
and not for people who want fast
and easy process. I have included
the LINK below to the Federal Criminal
statutes, but then you have to go
to a law library and look up those
statutes in the USCA to find out
what the court citations have set
up as the Legal Test for that particular
criminal law statute.

In civil "fraud" allegations for instance, there is a 4-part legal test that you have
to meet. Civil Rights allegations have
their own legal tests, and criminal laws
all have at least a few legal tests
which have to met. These are often
listed right in the body of the law
itself, but then you have to scan the
case citations in the back to make
sure they haven't added something new.

In other words, you can allege anything
you want, but before any investigating
destination or committee will act
on your complaint, it has to at least
appear to them on it's face that
you have met the legal tests for
whatever statute you are invoking.

People use the word "conflict of
interest" all the time, but did
you know that the legal definition
of "conflict of interest" only means
that the congressional member has
a MONEY interest in a company which
he or she is overseeing?? This is
not the meaning that most people
throw around for "conflict of interest".

So you have to get your facts straight
before submitting a filing if you are to
succeed at all in launching an
investigation in your own name or
club name. Most criminal laws use
the single test of whether or not
money was inappropriately taken.
No, I don't mean "theoretically"
or "hypothetically" ---- I mean
some guy at the VA or Congress raiding
your luggage to remove a $100 bill
that you had stored there. Literal
taking of money or extortion of
money is the most common legal
test for criminal statutes to apply.

You all have to know what you are
up against so I bring this to you
now to get it in the lineup before
I start sharing the filing destinations
with you.

Think everything through in advance,
make a list, and then work from the
list. Match up your issues to the
right Jurisdictions and filing destinations.

The VA has been operating in an insulated
vacuum for far too long, everybody. We
are going to pose a threat to their
comfort zones. They are used to blowing
us off, getting their protections from
the VSO's and Labor Unions, and then
doing whatever they want anyway no matter
what we say or report out.

Do not be afraid to construct your
cases as "patient abuse" or "patient neglect"
or "patient exploitation" or even
"human torture". For your information,
the VA laws have not set up any real
legal statutes to define what any of
these patient violation allegations are.
Their only Patient Rights statute under
38 CFR 17.33, does not go far enough in
language to come right out and SAY
what is or is not "patient abuse" or
"patient neglect" etc. So it is
wide open to interpretation by your
many complaints and grievances.

VA medical malpractice has it's own
statute for process under 38 USCA.

If you invoke VA law, then you can
only file at the VA agency level under
that law. But when you jump outside
the VA jurisdiction, you then have
to switch over to regular Federal
civil and criminal law or whatever
which applies across the board to
all agencies. So this requires some
brain power and FOCUS for you to
match up your destinations and issues
with the right laws and "jurisdictions".

If you file under VA law at the VA
level, and they do nothing, well then
you start filing against the VA doing
nothing. In other words, you CHANGE
the filing to their lack of action
and make THAT the new claim in front
of the Justice Dept. or Veterans
Affairs Committee. If the Committee
does nothing, then you make THAT the
new claim before the Ethics Committee
or Rules and Standards Committee,
and so on. Just keep making those
changes in rotation as you move
up the food chain.

38 CFR Part 15 is a powerful statute
for strategy for Veterans. Comp and
Pen process cannot be used as a
"constructive barrier" for the disabled
and handicapped to not receive fair
and equal access to VA programs.
In other words, your sickness and
disability cannot be used against you
as the reason you cannot have Comp
and Pen benefits. Get it ??

But then once you leave the VA agency
level and start moving to other filing
destinations, you then have to use
the federal generic statutes for
protecting the Handicapped in federal
programs. You can no longer use
38 CFR Part 15. You have to use the
equivalent of that statute which
applies to all of the agencies generally.
Get it ??

Most of those are in Title 5 or 42.

In Comp and Pen cases there is always
one great argument that you can always
use in filings for investigations:
unconstitutional due process!
Open up your brainpower and start
thinking outside the box. In the past,
I have myself made a case for
Perjury on falsified VA hearing
transcripts and also Mail Fraud
by VA Raters. This is how you have
to think things through and match
up the laws to what is actually
happening inside the VA.

The VSO's have held all of you in
a very scarey dark corner on filing
grievances and government complaints
for far too long. I went to the Hill
and asked people point blank where
you can file and actually get somebody
to read your papers. [or look at your
CD or DVD if you submit a video]

By all of us together, one at a time
filing in rotation on common issues
and sending in our own gripe profiles
to the destinations that I am about
to share up with you, they will begin
to see clear and consistent patterns
and hear the same voices coming
from all of us on these common issues
that we share. I will be doing my own
truckload on behalf of the Vets for
Justice here so that is one pile
of voices you can bank on that your
own voice will be backing up.

Here below is the LINK to the
federal Penal Code for criminal
statutes, under Title 18 law. So
let's get busy everybody and start
filing papers all over Washington.
Keep it tuned here at this forum
category for the up and coming
filing destinations.

http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/toc.html

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