Hi to all,
I did receive a copy of the constitutional challenge to the Feres Doctrine from VERPA. I thank them for sending that to me, although some of the legalistic terms to me are foreign, as you would expect.
One of the basic issues is, as I have pointed out, is that the less than truthful Secretary of the VA in conjunction with a zero integrity DOD can, will, and does have this absolute right to do or say anything they want, no matter how criminal it is or becomes with regard to the military men and women who serve this nation.
In other words, it is what they say it is, not what it really is. They have this absolute unchallengeable power no different than a “communistic government.”
While Feres, in case you do not know, was concluded it was good for the nation to stop lawsuits that were caused by issues in actual combat. Such as death or injury by friendly fire, death or injury by poor communications or leadership, death or injury by faulty or compromised intelligence, or death or injury caused by the lack of another individual who did not perform as expected, etc, etc.
Supreme Court Justice Scalia stated: "Feres was wrongly decided and heartily deserves the widespread, almost universal criticism it has received." Furthermore, "Congress's inaction regarding this doctrine and its doing little, if anything in the way of modifying it to prevent Constitutional claims is clearly unjust and irrational. Again, allowing such power to military leaders can and does result in abuse therefore, where are the checks and balances on the military."
These discrete issues that Feres was supposed to remedy are all common sense issues on the battlefield, which every combat Veteran knows, can happen and any realistic person knows that it can happen and it does happen. Mistakes are made and it costs lives. That is the truth of any war or any battlefield.
I personally have seen these ramifications and while tragic it is all part of war and the acts of war. The firebase I was on, for one example, was named for a Marine Corps captain that was killed by Marine Corps tank fire. This does not lessen his contribution to the war, as these issues will happen. In some cases, because the person or persons killed or were injured just messed up big time. In other words, if there was fault, it was their fault.
Without question, incident to combat and training for combat exemptions make sense.
However, the moment the DOD, the VA, and our elected politicians allow just some of the following to happen; then this now becomes government collaboration and corruption:
The below is as Justice Scalia predicted and described above referencing his concerns. Only it goes much further and more widespread than just the military and now includes not only the DOD and the VA but contracted agencies such as the NAS/IOM; as well as the government itself. Veterans must assume that the congress condones and also uses this doctrine to prevent "Veterans Constitutional Redress" for government wrong doing and cover-ups, also described by Justice Scalia. Add in this unique and separate so-called court set up by congress for Veterans and their families about the same time of the onslaught of the toxic chemical charges and you now "complete the government ring" of conspiracy and corruption.
This kind of unconstitutional government control in our past history was referred to as "government tyranny" for the masses. The only difference now is; it only applies to those that actually choose to wear the uniform of the United States Military.
This needs to be inserted in the recruiting books and every one that signs up needs to be made aware of these facts of our own government actually "setting aside the Veteran as a legitimate citizen" using this doctrine as a tool.
The VA destroys, hides, or changes a document knowing full well the implications to the Veteran or his family. Even in a district court when this happens there are no ramifications.
Corrupts or uses government influence to change medical studies meant to give the Veteran and his children a fair and honest assessment of the real health impacts of government wrong doing.
Prevents those scientists involved from having “intellectual and scientific” freedom.
Goes back to my analogy of operating, as a communistic government were intellectual freedom is controlled by the government.
Cash bonuses for VA denial and/or stalling.
Federal employees, at the behest of our government/VA/DOD, orchestrate or contribute by "intentional, willful, wanton, and in bad faith" actions in cover-ups denying the Veterans their rights and even knowledge of their medical conditions, as well as the nations doctors. These illegal actions violate the Veterans and their families constitutional rights even granted to illegal immigrants.
Just remember in our history because someone told these men and women to do these despicable acts is no excuse for their conspiratorial actions. This nation executed men for this type of behavior when their defense was; “we only did what we were told to do.”
An entire illegal court system set up by our government for only one specific form of citizen totally outside the jurisdiction of the constitution or any other court or rules of law in our nation.
These actions certainly "cross the legal line" of what the Feres Doctrine was supposed to accomplish.
No Veteran or VERPA is suggesting that the doors to massive lawsuits be opened like the 9/11 families. The Veterans have recourse in "service associated disability benefits" and "service associated death benefits."
However, when this doctrine is now used to control "what is service associated" by government/VA collaboration, conspiracy, and in effect tyranny. Then this also crosses the legal line of what Feres was supposed to remedy.
An example of VA lies put out by the Secretary of the VA:
June 24, 2002
SUMMARY: As required by law, the Department of Veterans Affairs (VA) hereby gives notice that the Secretary of Veterans Affairs, under the authority granted by the Agent Orange Act of 1991, has determined that a presumption of service connection based on exposure to herbicides used in the Republic of Vietnam during the Vietnam Era is not warranted for the following conditions: Hepatobiliary cancers, nasal and nasopharyngeal cancer, bone cancers, breast cancer, cancers of the female reproductive system, urinary bladder cancer, renal cancer, testicular cancer, leukemia, reproductive effects (abnormal sperm parameters and infertility), Parkinson's disease, chronic persistent peripheral neuropathy, lipid and lipoprotein disorders, gastrointestinal and digestive disease (other than diabetes mellitus), immune system disorders, circulatory disorders, respiratory disorders (other than certain respiratory cancers), skin cancer, cognitive and neuropsychiatric effects, gastrointestinal tract tumors, brain tumors, amyloidosis, and any other condition for which the Secretary has not specifically determined a presumption of service connection is warranted.
Most of this is just total lies. Yet, because of the Feres Doctrine and the circle of government corruption including congressional leaders; Veterans and their families are powerless to stop these VA lies that even the manufacture in some cases admitted 30 years ago were associated including non-specific overall systemic damage as well as neuropsychological issues that related to dioxin alone.
I call this just what it is: Pure government VA propaganda from a lying federal agency secretary and a government that is in collaboration with the chemical companies themselves.
Including if any NAS/IOM members read this, this is nothing but scientific hypocrisy and you know it; or at least you should.
I will try and address some of the more ridiculous and misleading VA statements that accompanied this propaganda release in the next update.
It has become painfully obvious with our "toxic chemical legacy" that our government/VA, coconspirator with the chemical companies, can no longer be trusted for disabling and death caused disorders, birth defects, and other ramifications of "inclusion." At least not by the present VA working at the behest of the White House and congress for politics and money, not scientific facts. In fact, the system is so corrupted Veterans can not even argue the validity of the facts or the level of proof of the facts that are required by courts under the constitution; since Veterans and their system of justice "fall outside the protection of the constitution." The more incriminating the issues are found the more the government changes the system.
What role do the VA doctors themselves play in this government/VA game?
Obviously, I am a member of many discussions group regarding these issues. One of them is the 101st Airmobile. While my old battalion shot for and was attached to the 101st during their history; I was not there at that time. Some of their discussions are regarding VA doctors.
I think this also has become a "known fact" the VA doctors are what is known in the industry as a "Company Doctor." They know by shear repetition if a Vietnam Veteran comes in what to look for in medical issues. As obvious as this is; these medical issues and conditions are still denied by this total circle of government/VA injustice.
They in general, will not support the Veteran as would be expected in going up against your employer; right or wrong it would make no difference. Probably would not be the best career move one could make.
Civilian doctors on the hand deal with this circle of corruption "one time" in trying to support their patient. They find out real quick that this also is a losing proposition for them in time lost, resources expended, and other patient care neglected. This was put very succinctly by a Baylor University Doctor that I quote in the book. Now I would doubt anyone could challenge the credentials of a Baylor University Doctor but yet VA clerks can do this with impunity with the omnipotent power given to the VA by congress.
You could say that this doctrine, by the direct actions of the DOD and the VA and the direct inactions of our congress to protect a segment of society from this tyrannical approach to government; has cost the lives of more than 15 times what was lost on the battlefield in Vietnam, as a minimum. Then applying this to the Gulf War Veterans, at least 115 times more than were lost on the battlefield have already died within a decade of returning. This analogy is closer to the truth than you realize.
This does not include the present dying and disabled from both wars that still go uncompensated and in some cases untreated!
Now you could say that the government is not using this doctrine as a tool. Then if that is the case, you now have a government that needs nothing to commit what has to be defined as government tyranny against a single segment of society.
This doctrine was passed as a good thing for the probably .0001% of the families that would be unreasonable and conclude that it was the governments fault or the man next to their loved one for the death or injury on the battlefield. Very similar to some of the 9/11 families who want to blame the government and are interested in “millions of dollars” for damages on what became for all intensive purposes a civilian battlefield.
This doctrine also assumed that our “political elected government” was reasonable and had some semblance of integrity.
This was a huge mistake and proved to be unfounded and an incorrect assumption.
Instead, the “entire government including congress” has taken this as a “green light” to do whatever they want to the men and women in uniform or even as we have seen those, that once wore the uniform of the United States Military going back to WW2 and even further.
One current example of that is the VA states they are now looking for those WW2 veterans who were used as guinea pigs in biological chemical warfare (BCW) testing in order to compensate them. Some 64 years after the fact. So they had to know what they did was wrong many many decades ago. How many could possibly be left? Nice way for the VA and our government to hedge their compensation bets.
This would mean that in the year 2031 the VA might make the same statement regarding the toxic chemical effects of those that are still alive that served in Vietnam; and in the year 2055 for those that served in the Gulf War and came home sick and dying.
Except for Vietnam Veterans this will more than likely have another 10 years added to reduce the amount even more of those that might qualify because of the absolute amount of men and women exposed; and the fact our government never did like Vietnam Veterans anyway. Too outspoken for the government’s taste and not like sheep waiting to be sheared or slaughtered. Although, I think our brothers and sisters from the Gulf War have taken on that same tone, the more they find out how really corrupt our government is when it comes to the military men and women of this nation.
What all of this in effect does; is cheapen the cost of war to our government in the out years and cheapen the cost or even admission of government/DOD mistakes and they can cover-up anything they want based on this Feres Doctrine for what they would claim is for "the good of the nation." In other words, protect the “political government” pandering coffers.
I urge each and every one of you and your families to support this effort by VERPA to get rid of this unconstitutional doctrine that only applies to one segment of society, used as a tool by our own government in what has to be called corruption and collaboration.
Veterans Equal Rights Protection Advocacy at http://www.verpa.us/pages/1/index.htm
Click over and sign the petition now.
The key for every American Veteran and family member to be heard and not just thrown away and left to die as “yesterday’s obsolete government assets”; is to engage in the “War on Feres.”
This is and has become nothing but a political "damage control tool" that has resulted in more deaths and injuries of Americans from malicious acts and omissions such as toxic chemical exposures that the "powers that be" such as the arrogate McNamara and Kissinger, knew the Feres doctrine barred any accountability from toxic chemical exposures.
This from the same leader in our government, Kissinger, that in 1976 concluded that, “Military men are just dumb, stupid animals to be used as pawns for foreign policy.”
I think our nations past, present, and future veterans are just a tad bit more than the former Secretary of State described above of the most “noble of all citizens” this nation has to offer.
It is time those in service now and those potential future warriors know about this issue and that as they defeat the nation’s enemies; they must then return home to fight their own collaborative DOD, their own adversarial federal agency the VA, and their own government for government wrong doing.
Best to all,