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| American Bar association analyses and concludes: The falsification of Cushman's records by the Oregon VA Law Suit filed in Boise, Idaho on the behalf of Veterans The Complaint alludes to the following; Deprivation of Civil Rights, Intentional Infliction of Emotional and Physical Distress, Deprivation of Due Process and Tampering with, Obfuscation of Official Records, and, Defamation of Character, Libel, Slander, Medical Malpractice and Wrongful Death. 35 years of Phil Cushman's hard work seeking Due Process for Veterans has succeeded! Cushman v. Shinseki: Ten continuous years dragged through repeated visits to the Article 1 “U.S. Court of Appeals for Veterans Claims” (CAVC), the VA “Board of Veterans Appeals” (BVA), and ultimately a 2nd visit to the CAVC. The case hinged on the documented 1977 VA criminal forgery of Mr. Cushman’s VA medical records in the adjudication section of the VA Regional Office (VARO), in order to alter the probative value and facilitate the wrongful and criminal denial of his meritorious VA claim for total disability concerning a crushing injury which he suffered to his spine in Vietnam during 1965. Additionally, during 1984, the VA engaged in a documented criminal cover-up concerning an investigation ordered by the VA Administrator. See Transcript: Cushman vs Shinseki, Secretary of Veterans Affairs Groundbreaking Decision in VA Case Establishes the Patently Obvious: A Veteran Has a Right to a Fair Adjudication of a Claim for Benefits January 7th, 2010
Believe it or not, until a few months ago not a single court had ever held that a veteran “has a constitutional right to have his claim for veteran’s disability benefits decided according to fundamentally fair procedures.” This patently obvious right was finally recognized by the United States Court of Appeals for the Federal Circuit in Cushman v. Shinseki, 576 F.3d 1290 (Fed. Cir. 2009), the first court to hold that persons who are claimants for government benefits are entitled to constitutional due process protections. See entire report Law Office of Donald D. Vanarelli Blog Signaling a judicial mandate that U.S. governmental agencies follow the law, a top federal appellate court has ruled the Court of Appeals for Veterans Claims (CAVC) and the Dept of Veterans Affairs (DVA) violated the due process rights of a Vietnam War Marine veteran in wrongfully deciding his disability case See entire report from VA Watch Dog See Transcript: Cushman vs Shinseki, Secretary of Veterans Affairs THE NATIONAL LAW JOURNAL Determined Cushman scores veterans benefits victory For entire report, go to National Law Review Due Process of Law was intended to mean “the right to a FAIR and IMPARTIAL hearing,” and is guaranteed by the 5th Amendment to the BILL OF RIGHTS of the United States Constitution.
“VA
benefits involve no agreement of the parties and may be
redistributed or
withdrawn at any time in the discretion of Congress.” Doesn't a wounded Vet
have recourse to a “special” VA Court? Here's what an Attorney in Wisconsin reported to a Judge of U.S.District Court: “After
thoroughly interviewing our client and other individuals as well as voluminous
documentation that has been placed in our hands, we believe there is sufficient
evidence of probable cause that members of the government, including but
not
limited to persons employed by the U.S. Department of Veterans Affairs,
have
committed numerous criminal acts in both the Eastern and Western Districts
of
Wisconsin. Further, in speaking with our client's former attorney, who
have
indicated their willingness to testify under oath, it appears that these
officials
have actively taken steps to cover up the evidence of their crimes. Some
of the
felonious acts include: Fraud, 18 U.S.C. 1001 and
1018: Forgery, 18 U.S.C. 494
and 1505: Destruction of documents, falsification of and tampering
with
evidence, 18 U.S.C. 2017 and 285: perjury, 18 U.S.C. 1621:
disclosure of
confidential information, 18 U.S.C.1905: and conspiracy
to conceal the
above said acts after
the fact, 18
U.S.C. 1001, 3 and 241. . . .Our client seems
to have been the victim of government sponsored criminal activity. Information
related to these crimes was brought to the attention of various federal
investigative agencies by both our clients and his previous attorneys
and we have
been unable to ascertain, after reasonable inquiry, that any investigation
has been
initiated by any of these agencies. . .” Here's what former astronaut and Senator John Glenn had to say: "I
would think that the veterans organizations would be in here, clamoring
for judicial review." (And why aren't they? Ask your grandfather!)
These billboards have been erected
throughtout America in order to WARN the American people
about this clear danger to their unsuspecting youngsters. ______________ . ______________ Several years ago,
Oregon based Veterans for Due Process, Inc. (VDPI) and Texas-based
National Veterans Organization (NVO), sent a Certified Mail letter dated
October 17, 2000,
to each of the
presidential candidates making them aware of this threat to every
American family, and requesting that they provide their positions on this
vital issue.
A copy of that letter, complete with copies of attachments and footnoted
documents,
articles, etc., appears below and will provide you with a basic understanding
of this
serious problem which has the potential to devastate the lives of your
loved ones,
should they be injured in the military. As you read the letter, please
bear in mind the
fact that none of the presidential candidates answered the questions,
nor did they
respond to the ongoing deception and betrayal of the American people. Copyright 2000-2009 VDPI ;
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Testimony of Vets for Due Process before Senate Committee on Governmental Affairs, 1988 _______ . ________ Can World War II film long hidden by the Army aid today's veterans? A fully restored version of Huston's original film is available for free online viewing for three months on the National Film Preservation Foundation's website. Army Suicides to Top 2008, but Progress Reported By PAULINE JELINEK WASHINGTON (AP) -- Soldier suicides this year are almost sure to top last year's grim totals, but a recent decline in the pace of such incidents could mean the Army is starting to make progress in stemming them, officials said Tuesday...... The true incidence of suicide among military veterans is not known, according to a report last year by the Congressional Research Service. Based on numbers from the Centers for Disease Control and Prevention, the VA estimates that 18 veterans a day - or 6,500 a year - take their lives, but that number includes vets from all previous wars. For entire story Gordon Erthspamer testimony to House Committee on Veterans' Affairs
The Hollowness of the VA’s Motto: “For Him That Hath Borne the Battle . . .” The VA’s motto is not only inscribed outside its headquarters here in Washington, D.C., but it also is widely publicized elsewhere. The inconsistency between the VA’s motto and the positions or actions it adopts in court in cases brought by veterans is steeped in irony...... For entire testimony At VA, Scrutiny Over Abuses and $24 Million in Bonuses New York Times Even as their office struggled with a large budget deficit, managers in the technology office of the Department of Veterans Affairs awarded $24 million in bonuses to thousands of employees in 2007 and 2008, according to a new investigative report. The VA/Executive Branch/ CBS SPECIAL REPORT: VA Hid Suicide Risk "Epidemic of Suicides" Veterans Combat VA in Lawsuit Seeking Adequate and Timely Healthcare Vets forced to sue VA for medical benefits Excessive Remands — The Recycling or “Hamster Wheel” Problem: If the VA makes a mistake at the regional office level, however egregious, no consequences attach to it. Instead, the claim is “remanded” and the innocent party — the veteran — has to wait several years for the BVA or CAVC to order the VA to correct the mistake and start all over at the regional office. Thus, it is the veteran that suffers. Time Magazine By Michael Weisskopf Jan. 12, 2008 ....Now, however, a federal judge in San Francisco has cleared the way for a dramatic challenge to the constitutionality of the VA's claims system. Judge Samuel Conti of the Northern District of California ruled that the administrative system is not "adequate" for reviewing claims of organizations suing on behalf of a broad class of veterans. See entire story Behind Veterans' Legal Battle ....Now Edwards, along with hundreds of thousands of other veterans, is part of class action lawsuit against the VA asserting that that just isn't good enough. Filed Monday by a California public interest group and law firm on behalf of vets diagnosed with PTSD, the suit is the first to accuse the federal department of constitutional violations and to seek sweeping changes in its processing of disability claims. The VA is charged with "shameful failures ... to meet our nation's legal and moral obligations to honor and care for our wounded veterans" who fought in Iraq and Afghanistan. Latest News from Washington: In a rare display of bipartisanship on the polarized issue of veterans spending, Craig appeared with Murray at the news conference and said he agreed with many of her comments. For entire story Radioactive War Crimes The crime of the Omnicide:Use of Depleted Uranium Weapons Unfortunate Soldiers: Depleted Uranium U.S. Navy uses depleted uranium in coastal waters www.nvo.org
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