RESPONSE TO A Veteran concerning court mandates
Hi XXXXXX,
Glad you liked the book.
It is a shame the nation’s media will not latch on to it and discover just how bad these "Veterans Issues" have actually become within our own government.
In my last posting on the DVA representative http://www.2ndbattalion94thartillery.com/Chas/ResponsetoDAV.htm
you may recall U.S.C 38 para 511 that the VA and its secretary when it comes to a Veteran have total control over any legal proceedings involving a claim. This includes a mandamus event such as you are discussing where a real court under the constitution directs the VA to do anything. It does not matter what level of court federal or state.
They can just ignore the courts mandated (mandamus) action.
How a congress that is supposed to protect its constituents from this type of government tyranny has let this happen is the real question and must be addressed by all Veterans, widows, and orphans of Veterans.
Even though you have a court order and have gone through it twice, proving the VA is still non-compliant. I do not think the court order will do any good.
In some cases, a district court will refuse to hear the Veterans case because the court will just say we do not have the authority and if we did rule the ruling will be meaningless to the VA. As well as to the claimant, therefore there is no need legally to even hear the case, no matter how egregious or criminal the actions of the VA are.
Now with that said:
I hope in about eight weeks I can start getting Knight Ridder national news involved in our issues. I was told they were working other issues now but would get back to Veterans Issues in about eight to 10 weeks. So lets keep our fingers crossed I can get some articles to them to review, editorialize, and get it out to mainstream media.
As you may or may not know Knight Ridder out of DC was just honored for exposing some of the issues at the VA.
Knight Ridder honored for stories on veterans' issues
Knight Ridder Newspapers
WASHINGTON - A series of stories on veterans' issues by the Knight Ridder Washington Bureau was among three winners of the Philip Meyer Awards, which recognize the best use of sophisticated social science research methods and computer-assisted reporting techniques.
The series, "Discharged and Dishonored," showed how disabled veterans were being harmed by the bureaucratic inefficiencies of the Department of Veterans Affairs. It was written by Chris Adams and Alison Young of Knight Ridder's investigative team. The main story in the ongoing series ran in Knight Ridder papers in March 2005.
Among other things, the stories analyzed veterans' satisfaction survey data, the VA's own database of 3.4 million claims and other sources to discover that more than ***13,700 veterans died waiting for their claims to be resolved and that as many as 572,000 veterans may be missing out on their rightful disability payments. In addition, the series revealed that veterans in some states are far more likely to get high payments than those with the same disabilities in other states
Much of the data used by the reporters was released only after Knight Ridder sued the VA in federal court.
…
http://www.realcities.com/mld/krwashington/news/special_packages/veterans/
*** This is what I argued with Congressman Boozman and the others on the panel in DC. That this “government conflict of interest” based on the VA’s definition of when a claim ends (the death of the Veteran) rewards poor performance by this federal agency with DOD dollars saved in stalling the claim.
Congressman Boozman concluded that this all takes time in these "complex medical decisions" and the government is archaically slow.
My argument back was that is just great that the Veteran and his family now pays the price for the government dragging its feet when no other segment of society faces this government bias and definition of when a claim ends. That if this definition were changed then there would be reason for this federal agency to drag its feet any longer since the claim and what little money was involved would then go to the widow and any children.
However, his argument or justification did not apply to those issues that were automatically associated to AO or to Gulf War 1 issues. There is no complex medical decision to be made only the validating of three data points. There was no (zero) excuse for my guys dying of associated cancers with no financial support as to where his family’s next meal or house payment was to come from while the family battled the "government caused cancer."
The VA seems to take great pride in taking a 10-minute job and turning it into 12 to 18 months worth of stalling.
Now with that said:
If you choose you can send your data and complaint directly to the Chairman of the Senate Veterans Affairs Committee (Senator Craig) and to the Chairman of the House Veterans Affairs Committee (Congressman Buyer).
I do not know the constituent representative for Senator Craig but for Congressman Buyers send it to the attention of:
Mr. Jeffery Phillips
US House of Representatives
335 Cannon House Office Bldg
Washington, DC 20515
I have worked with Mr. Phillips and if there is anything that can be done he will find out what it is or who it is to be done by.
In addition, copy Congressman Lane Evans of Illinois who seems to be a Veteran supporter all the way. One of the very few in the entire congress that will take the VA to task.
In addition, you should copy:
Mr. Len Sistek
Oversight and Investigations
Committee on Veterans Affairs
Room 333
Cannon House Office Bldg
Washington, DC 20515
I wish I could make all this go away but I am afraid it is going to get worse instead of better with the government looking at all possibilities now of cheapening the real cost of war and just out and out government/DOD mistakes.
Best that way,
Kelley
DMZ 67-68