An 85-year-old Marine vet of 3 wars is being screwed over by the Veterans Administration. He served in WWII, Korea and Vietnam, can’t hear and has all kinds of medical problems. The Marines released him with a 100% disability rating.
The VA tricked him
But the VA tricked him into signing off on only a 40% disability rating. Later he managed to get it raised to 70%. As a result, he is not getting the care he needs. This is abominable.
My Grandpa served in the Marines in WWII and is now approaching 90. The VA hospitals have worked him over as well, though not in nearly such an extreme manner.
A spent soldier has no pull
Its absolutely disgusting how veterans are treated in the US. By the time soldiers have become veterans and need their benefits, they are often in such poor health that they have no choice but to take what is given. In today’s America, where might makes right, a spent soldier has no pull and is left to beg and plead for his much-deserved benefits. How dishonorable.
One reply on “85-Year-Old Marine Vet of 3 Wars Screwed over by the Veterans Administration”
A trust betrayed?
The Chief Judge of Congress’s Court of Veterans Appeals stated that the, “Constitution, Statutes and Regulations” are “policy freely ignored” by both “The Veterans Health Administration” and the Secretary of the Department of Veterans Affairs (DVA), i.e.., the “STATE OF COURT” transcript PARAGRAPH 9 with Congress’s law of the land U.S. CODE, TITLE 38, SECTIONS (§) 511 and § 7252. Decisions of the Secretary; finality; REFERENCES [1], [2] & [3]. This is a no teeth Congressional LEGISLATIVE vs an independent from Congress and the DVA, Judicial Branch Court. The DVA Health Care laymen, “initial adjudicators” still are not held responsible for their “freely ignored” and medically ignorant “Schedule of Ratings for Disabilities” decisions..
An example of the “initial adjudicators” to date “freely ignored” is this veterans 1957 DVA Physician’s resultant, “MPerR PERMANENT” “SURGEON HQ ARRC JUN 25 ‘58 MEDICALLY DISQUALIFIED FOR MILITARY SERVICE”!
It is now 15 years later without the Chief Judge’s 1994 advised Congressional oversight. Please hold your U.S. House and Senate members accountable for Congress’s perverted Veteran Care.
REFERENCES:
[1] The complete 16 paragraph “STATE OF COURT” transcript is available on request. Previously at, and now missing from the Chief Judges and state_of_court sites: http://www.goodnet.com/~heads/nebeker and http://www.firebase.net/state_of_court_brief.htm
“STATE OF COURT
CHIEF JUDGE FRANK Q. NEBEKER
STATE OF THE COURT
FOR PRESENTATION TO THE
UNITED STATES COURT OF VETERANS APPEALS
THIRD JUDICIAL CONFERENCE
OCTOBER 17-18, 1994
{as it appears in Veterans Appeals Reporter}”
——————–PARAGRAPH 9 of 16 in “STATE OF COURT” TRANSCRIPT records DVA laymen ignoring medical opinion without veteran recourse.—————————–
“I believe my message is clear. There is, I suggest, no system with judicial review which has within it a component part free to function in its own way, in its own time and with one message to those it disappoints — take an appeal. That is, I am afraid, what we have today in many of the Department’s Agencies of Original Jurisdiction — that is AOJs — around the country. Neither the Court, through the Board, the Board, nor the General Counsel has direct and meaningful control over the Agencies of Original Jurisdiction. Indeed, it is also clear that the VHA — the Veterans Health Administration — ignores specific directives to provide medical opinions as directed. And this is resulting in unconscionable delays. Let us examine judicial review. Remember, the Court and the Board do not make policy, the Secretary and Congress do. The Court simply identifies error made below by a failure to adhere, in individual cases, to the Constitution, statutes, and regulations which themselves reflect policy — policy freely ignored by many initial adjudicators whose attitude is, “I haven’t been told by my boss to change. If you don’t like it — appeal it.” (Emphasis added)
The top medically ignorant “boss” is Congress’s confirmed “Secretary” of the DVA.
AND THE CONGRESS’S “policy freely ignored” UNITED STATES CODE law of the land, Health Care take away from Veterans:
[2] UNITED STATES CODE, TITLE 38 > PART I > CHAPTER 5 > SUBCHAPTER I >
§ 511. Decisions of the Secretary; finality
http://www.law.cornell.edu/uscode/html/usc…11—-000-.html
“(a) The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b), THE DECISION OF THE SECRETARY AS TO ANY SUCH QUESTION SHALL BE FINAL AND CONCLUSIVE AND MAY NOT BE REVIEWED BY ANY OTHER OFFICIAL OR BY ANY COURT, whether by an action in the nature of mandamus or otherwise.” (Emphasis added)
THEREFORE, NO COURT REVIEW OF THE MEDICALLY UNTRAINED DVA laymen and “Secretary” “schedule of ratings for disabilities” decisions as proven by:
[3] UNITED STATES CODE, TITLE 38 PART V > CHAPTER 72 > SUBCHAPTER I >
§ 7252. Jurisdiction; finality of decisions
“(b) Review in the Court shall be on the record of proceedings before the Secretary and the Board. The extent of the review shall be limited to the scope provided in section 7261 of this title. THE COURT MAY NOT REVIEW THE SCHEDULE OF RATINGS FOR DISABILITIES adopted under section 1155 of this title or any action of the Secretary in adopting or revising that schedule.” (Emphasis added.)