Mar  5, 2006  Charles Kelley - VA BVA is Discriminatory

Feb 15, 2006  Charles Kelley - Why The BVA Must Go Away

Feb   9, 2006  Charles Kelley - Something is rotten in Denmark and the US Government!

Dear (Editor, TV or Radio Manager), 

The 2006 elections are just around the corner and the Veterans Party of America (VET) plans to be ready.  VET is already registered in 14 states and working hard in the others to be a national force in 2006.

We are tired of getting lip service and being treated like second class citizens in this country by our own government. We plan to right the many wrongs handed down over the last 150 years. Veterans need to become a segment of society that this government will recognize as a voting body and not one the government can just take billions of dollars from each year, by means of the Feres Doctrine, with no recourse because of the second class citizenry status of the Veterans. Veterans should not be used as guinea pigs by our government and then cast aside as yesterdays used up government assets.

Veteran issues are not our only concern.  We feel America needs to get back to the basics and take care of her citizens before we worry about taking care of the rest of the world.  Americans should not be living in the streets, doing without health care, and going hungry while we ship billions of dollars overseas to people who hate us.  We should not be spending billions on illegal aliens while our own citizens do without.  We should not be paying more and more in taxes so some politician can get a $1,000,000.00 grant for a friend to study the mating habits of earth worms. To find out more about us and how fast we are growing in your state and in the nation, go to our website at: www.VeteransParty.US

"America First"

Or contact in my state:

Name:
Address:
Phone:
E-mail:

28 million Veterans, plus their wives, their children, their friends can make a difference in this country. Come and join us in our political call to arms.  America needs your services again.

Here is a letter for your Veterans Organizations.

Go to the "LINKS" page to find your Veterans Organizations.

Dear Veterans Organization

I am one of your members and the reason your organization was started, was to provide services for Veterans and to make sure our citizens and government does not forget us.

I know that you have to lobby politicians and political committees on a full time basis just to maintain the benefits and rights of Veterans. Trying to get things corrected like Concurrent Receipt, Claims Backlogs, Veterans Preference and Basic Medical Care must keep plenty of your staff and other paid professionals busy, just trying to provide Veterans with what they have earned and what was promised.

Veterans need to become a segment of society that this government will recognize as a voting body and not one the government can just take billions of dollars from each year with no recourse in dealing with because of the second class citizenry status of the Veterans.

As a member of your organization I request that you do all you can to make known and support the Veterans Party of America.  They have taken the one step that our Veterans Organization cannot do, become the political voice of all Veterans.

I am a member of:   (Name of Veterans Organization: example, DAV, VFW, AL, AmVets, MOPH, VVA, JWV)

My Membership Number Is:

My Post/Chapter Number Is:

Name:

Address:

Phone:

Email:

28 million Veterans, plus their wives, their children, their friends can make a difference in this country. Come and join us in our political call to arms.  America needs your services again.

Something is rotten in Denmark and the US Government!

To:
Senator Specter
Senator Craig
Congressman Lane Evans
Congressman Shays
Senator Chambliss
Senator Isacson
Senator Durban
Senator Obama

      I can tell you that Toxic Chemical Veterans and Gulf War Veterans are in dismay over the government Asbestos Issue.  Myself; after watching most of the proceedings on CSPAN, I can tell you, personally, I am outraged!
      Every issue these Senators bring up applies the same to us Veterans in our "toxic chemical legacy," except we are not allowed legal representation until the government says that we are allowed that guaranteed simplest of basic rights of all citizens.
      The senators stand up and talk of the one or two issues that asbestos causes, including mortality issues.  Many more medical issues are associated with not only the chemical companies but directly related to the direct actions of our own government/White House/DOD in collaboration, as well as independent wrong decisions made by those in power at the White House. 
      What are the Veterans of this Nation - so much chopped liver to be ignored or put in some subset of legal system that has no ties to any form of constitutional requirements? 
      I find it repulsive and sickening that any senator could stand up on the senate floor and discuss the fact that the victims died before they received the compensations while the widow may receive the compensations, as it should be.
      In the VA's own report, court sued to even get this VA report, published by Knight Ridder news over 14,000 Veterans died while awaiting a VA decision.  Knowing the VA, as most Veterans do, this reported 14,000 is probably "minimized" at every available form of statistics manipulation.
      Yet, for us Veterans, if the VA intentionally stalls long enough and the Veterans dies before his claim is processed by a federal agency with a defined conflict of interest, which no veteran trusts any longer, then his widow gets the big zero.
      On the other hand, if she does get anything she also has to fight for decades and win what Veterans are now calling now the "VA Compensations Lottery" for which it has been reduced to nothing but a lottery enforcing budget controls not justice of justified compensations in death and disability.
      I find it contemptuous that any senator can stand up there and discuss these issues and will not listen to the disabled and dying Veterans and widows that White House after White House has created with no separation of powers in their laws, rulings, and treatment.  The very men and women who have protected and defended their rights to stand up there and then refuse to discuss our issues as it seems the entire congress fits this category.
      Which segment of society is next to put in this category? 
      Something is rotten in Denmark and the United States Government!
      It is time congress looked at what is rotten and smells at the VA and in the White House/DOD philosophies of abuse against the finest citizens this nation has to offer.

Charles Kelley
DMZ 67-68

 

Why the Board of Veterans Appeals (BVA) is a

legal GOVERNMENT sham and a disgrace

    Recently I was asked to review an Agent Orange appeal case going before the BVA.

    For the civilians and the Veterans that do not know:

    This subset of our legal system is set up for “only Veterans” and family members of Veterans in “Veterans Issues” and controlled by the VA.  By default, this is a “legal system” controlled by the executive branch of government.  Not much separation of powers in this scenario.

    Our government, realizing the massive onslaught of toxic chemical damage claims that were going to have to be paid, as more and more data got out as to what this exposure was actually causing, set up this gauntlet as damage control.  This “so called court” was set up under the pretense as a Veterans’ Benefit but in reality, it became nothing but a VA legal “unconstitutional gauntlet” for death and disability issues caused by the United States Government and its’ arrogant President and Secretary of Defense at the time that allowed these crimes against humanity. 

    Nothing in our real legal system even comes close to paralleling what this board is allowed to do as a legal entity of our government.  Bearing in mind the following legal controls by the Secretary of the VA, that is certainly constitutionally questionable.

    “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.”

    The genesis of this particular case involved an Airman who had served as a corrosion control specialist.  This also included cleaning the tanks of the aircraft that sprayed the toxic chemicals associated with the many forms of herbicides that were used.

    Note:  These toxic chemicals were in fact very corrosive with manufacture’s adding corrosion inhibitors (nitrosamines) that also were noted for their toxicity, especially when used with pesticides as well as herbicides causing cancers (plural) and cell death.

    The Airman developed three of the eleven already associated medical disorders that were found associated and finally admitted to by even our own government, after 30 years of government stalling, of soft tissue sarcoma, diabetes mellitus, and respiratory cancers (lung, bronchus, larynx, trachea), as of 2004.  

    Note:  It is note worthy that the current state of scientific evidence as it relates to the dioxin; TCDD in many studies shows there is little difference in “specific cancer sites” and “all cancer sites.”  Scientifically concluding the dioxin TCDD may very well be the first man-made “all cancer site” carcinogen.

    Most of our public may or may not know but the government once again after stalling and stalling finally admitted that anyone that served in Vietnam for one hour was exposed to the herbicides (plural).

    The reason this Veteran was denied his “justified and justifiable claim” for disability and impending death:  He did not serve in Vietnam; he served in Thailand servicing and maintaining the aircraft that were used in Vietnam in the application of toxic chemicals and more than likely Laos and Cambodia.  Which we now know “proof positive” by the completion of the herbicide tapes by Columbia University scientists was also sprayed after 40 years of United States Government denial.

    “Provisions of 38 C.F.R. § 3.307(6)(iii) (1997) state that any Veteran who served in the Republic of Vietnam during the Vietnam Era and has such (listed) disease shall have been presumed to have been exposed to the herbicides.

    Note:  It is noteworthy that the United States Government with the DOD/VA in the lead on behalf of the executive branch states the above.  Then, rather than “herbicides (plural) associations” the United States Government uses only one part (the dioxin TCDD) of one herbicide (Agent Orange) to either associate and/or more importantly deny such toxic chemical causations of disability and death in our Veterans.

    The Veteran’s DD-214 denotes that he was a Corrosion Control Specialist serving in the Air Force.  His service records show that during the Vietnam War, he was stationed on an Airbase in Thailand where he worked at the maintenance shop cleaning aircraft that flew Vietnam missions and removing chemical residues from tanks and spray equipment.

    The service records of the Veteran’s Air Force Work Evaluations from the Airbase were submitted as evidence.  These documents provide a full description of the work the Veteran performed. The records show that what the Veteran did was the job of removing the residues from the spraying aircraft.  Most likely, this work put him in more frequent contact with higher concentrations of herbicides than most infantrymen were exposed to while passing through defoliated areas in Vietnam.

    In other words, his claim should have never had to go to the BVA with years of stalling and denying while the Veteran goes uncompensated in his disability and the government waits for the Veteran to die.

    Note:  It is noteworthy that the VA’s definition of when the Veteran’s claim ends is when he dies and further litigation is accepted.  Nice, very nice, VA “conflict of interest” on behalf of the executive branch.

    Thus, the VA itself at the behest of the White House has somehow scientifically concluded that the toxicity of certain herbicides depends on what geographical location the Veteran was located.  Absurd?  You bet it is!

    These VA decisions should start out as, “Once upon time in a magic corrupt federal agency called the Veterans Administration…we deny and deny until you die.

    Yet, he is denied this very basic “common sense” claim!  Denied a common sense claim from known exposures and known medical associations  because of the way the laws are written to protect the government.  This must change if

"government damaged Veterans" are going to achieve the constitutional promise of "Justice for All."

    The ultimate despicable action in this case is that the Veteran with all these disorders is being treated at a VA hospital by a physician’s assistant (PA).

    Now you would say that if the PA is competent that is OK and I would agree.  However, because the VA hospital does not have a real doctor say he is terminal, as the PA has indicated.  Then once again the Veteran is denied his rights for a mandated speedy decision bypassing all VA local shops, the BVA, and getting the folks in Washington, DC involved that can approve a claim in minutes - not decades.

    Is this also planned at the VA hospital administrator level?  They have to know if they do not assign a physician the Veteran as a patient is denied his rights as a government caused dying Veteran.  If they do not know then they should be educated and made aware.

    The injustices in this so-called system - goes on and on for 10’s of thousands of our Nations Veterans on a daily basis.

    Where is our congress that is supposed to protect its constituents from this kind of government behavior and what must be close to anarchy?

    I would say they were Missing in Action (MIA) but that would indicate that they were at least trying to do something.

    The better description has to be - Just Missing!!!!!!!

Kelley

DMZ 67-68

SP5Kelley2nd94th@aol.com

VA BVA is Discriminatory  -  Proposal to VERPA:

Hi to All,

    I am going to propose to VERPA that they challenge this government BVA system and in effect, the entire system that Veterans have to face as being “discriminatory” and more than LIKELY {unconstitutional}. 

    I hope Mr. Jeff Truman of VERPA will think about this challenge, rationale, and go forward with it.

    It is obvious Veterans and their widows cannot trust the “government contracted CDC” or the “government contracted NAS/IOM” to associate “disorders of inclusion” within the rationale of “significant increase” or “increased risk of incidence.”

    In fact, in these exposures and such it should be the doctor’s prerogative as to “disorders of exclusion” as in any other real world medical development.

Typical Rationale for DISCRIMINATION IN THE PROCESS

    Marine Joe and John both serve in the same area of Vietnam; on the same hill, fight in the same sweeps, fight in the same hill fights, fight in the same perimeter defenses, and convoy duty ambushes.

    Marine Joe develops sarcoidosis of the lungs, a form of COPD.  Marine John develops the same lung issues.  The manifestations are approximately the same time from exposures in wartime service.  The same chronology of chronic manifestation is proven.

    Marine Joe lives in Montana after his wartime service.

    Marine John lives in Georgia after his wartime service.

    Marine Joe goes through the VA and BVA processes in Montana and is “granted service connection COPD in the form of sarcoidosis.”

    Marine John goes through the VA and BVA processes in Atlanta, Georgia and is “denied service connection COPD in the form of sarcoidosis.”

    Yet, both legal cases are identical in principle, medical evidence “of association” provided by each Veteran, as well as doctor’s statements.

    How is this not discrimination against Marine Veteran John?

    How is this what is supposed to be a legal process even constitutional?

    The question would be, would all Veterans and widows of Veterans support such a challenge by VERPA with "write ins" and maybe a few bucks in donations to make this happen.

    We can fight every "single case a decade at a time" of nothing but VA stalling and denying using USC 38 or we can unite and challenge this system to something more resembling  what our nations real legal system is; and not this subset of a legal system with no constitutional protection of legal redress.

    The time is now for all Veterans, spouses, widows, and orphans.

Best to all,

Kelley

SP5Kelley2nd94th@aol.com

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