Veterans Denied Rights Of Ancient Magna Carta

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veterans denied rights

Benjamin KrauseSince last week, I have been discussing the Disability Benefits Questionnaires (DBQs) and the ton of legal end ethical problems surrounding the new documents. This is Part 3 of a 4-part set of articles about a FOIA response I recently received from VA.

– Part 1 – Your mental health exam and the dubious DBQ

– Part 2 – DBQ scheme shifts cost burden to veterans

Today highlights another DBQ problem revealed by my FOIA of the Advisory Committee on Disability Compensation meeting held on October 20-12, 2014.  This time I am discussing the meeting minutes.

SEE: Meeting Minutes DBQ Download

When you look at the above document, perform a text search for DBQ. The first mention of the forms in the meeting minuets is the topic of discussion today.  There, under “Acceptable Clinical Evidence” it mentions the following :

If VHA has access to an individual’s medical records, it can complete the DBQ based on the evidence of record and send in that information to VBA without having the veteran come in for an exam.

You may recall that on June 15, 2015 we celebrated the 800th anniversary of the Magna Carta.  That document reads:

No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.

See more at: http://www.bl.uk/magna-carta/articles/magna-carta-english-translation#sthash.E9MxVRQP.dpuf

We fought the revolution to preserve the natural rights codified in the above quote.  That you have a right to face your accuser before forfeiting your property (i.e. VA benefits) is fundamental to western jurisprudence.  That is, of course, if you are not a veteran.

So, what can you do if you get a proposal to reduce based on an “exam” you were not present for?  More on that tomorrow.

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10 Comments

  1. Ben paper work I sent Bob McDonald quoted this which is the case in my situation, just another ploy to denigh our civil and constitutional rights and can do nothing about it. It’s just a big game to them and found others that like the game, instead of adhering to the law of the land. They are destroying the very fabric that made this country a country for the people by the people. If they don’t stop total anarchy will tear this country apart, to who knows to what end! .God only knows, don’t think he would like what going on.

  2. “[So, what can you do if you get a proposal to reduce based on an “exam” you were not present for? More on that tomorrow.]”

    THAT sure was an anxiety-loaded statement and scenario!!! I think you have narrowed-down the most lubricated loophole and reason the VA wants to use these DBQ’s in first place…totally removing “The Veteran” from whole scenario and what an EASY way for the VA to eliminate the “backlog” in one pen stroke or two.

    However, the VA will find new ways to sub-contract the actual checking of the boxes on the DBQ’s and ask and receive BILLION$ for the research for such a sub-contract…LOL!

    Seriously, what about the Veteran that has the Honorable Discharge but the service connected health/mental stuff creeps-up in decade or more and same Veteran was using civilian Psych Dr.’s rather than the VAMC…how exactly can the VA make a decision based on Military Medical Records when so much of the “beef” would also exist in their IMO civilian medical records?

    If people think that the VA is going to go out of their way and find to your benefit within your own military medical service records…well, I have a Brooklyn Bridge on Mars I will sell you really cheap as well!

  3. 1.) I’m having great difficulty posting a comment on here. Is anyone else experiencing problems?
    2.) The way I see it, until the American Public stands tall and says, “Enough is Enough” nothing will change. It will be “Business as usual!”
    3.) “America has Faults”. We are not thought of with any respect around the globe. We, it has been reported, are being laughed at. We are a joke, this is thought of by many nations.
    Until our “powers that be” can admit to said faults. Then nothing will change.
    I’ve always been taught the following, if a person (or a country) can admit to their faults, then correct them. It makes them a better person. Evidently, our people in government, were never taught this ideal. Or they just plain forgot it. For example; when the VA in South Florida found a “Rat and Roach problem”. They were more worried about bad press than the health care for veterans. Sad, but true.
    I also believe the next election will be like the last midterm elections. That is, if you remember, 66%+ of voters DID NOT VOTE! This should’ve been a wake-up call for all the political parties. But it wasn’t. It’s still business as usual. Our national debt is in the TRILLIONS. Our children’s children’s children’s are going to be stuck with this debt. Why? Because our current climate is “Spend, Spend and Spend”! There’s no stopping. There’s no accountability, open government or anything. Just a bunch of backroom/golf course deals digging us deeper in debt.
    The list of injustices keeps on growing. There’s sites out there with a 500 list of the worst of the worst tax evaders. Believe it or not, Al Sharpton (with his paultry $4.5 million) is not the worst.
    There are many above him. One, I can’t remember his name, owes the IRS $30 MILLION. It’s shocking how many are saying FU to the IRS and the American Public. Sadly, no one is being brought in and told to take care of their discrepancies……
    That’s all for now,

  4. How many ways can we say this is despicable? Anyone who reads their VA health records knows they are full of omissions, and falsehoods. It is all done to protect the provider from any responsibility.

    Just today, an IG report was released were once again a Veteran died because being undiagnosed for cancer. Of course, there was nothing in his medical record that shows he didn’t receive proper care based on his medical complaint.

    Using this example, it is clear DBQ’s written from Veteran Health Records are, not only, useless, they favor the VA in denying or minimizing benefits.

  5. my husband died in march,but having been ill from a number of illnesses ,mostly from agent orange ,i have no doubt they lied to us about his cancer and more ,why was he getting blood transfusions a year before they told him he had cancer and why out of the blue sky ,when i brought him in to ER for a tummy ache” all of a sudden decide who,with a tummy ache ,this guy needs a cat scan?they already knew he had Cancer they Wouldn’t
    EVEN LET HIM DIE At the VA ,they would have had to provide more death benefit
    i miss my guy ,to no end there is so little trust and care in this us now ,its just pathetic ,unpatriotic and a lot more

  6. Something I found interesting was Cushman v Shinksi (former VA Sectery) was in favor of Cushman regarding the VA has legal time limits on certain claims.

  7. Western Jurisprudence does not exist for civilians in compensation cases either, not in what is called the state or federal worker’s compensation boards. The court for any compensation/benefits are a farce. It is all fraudulent. We have what is called exclusive remedy which denies us due process even though there are attorneys and judges but. It isn’t called a kangaroo court for nothing. The judges are appointed from a pool of worker comp attorneys and depending on the side they’re on, employer or worker but it all amounts to the same because, it is an, in house incestuous swamp and in most cases, the state and federal upper courts will rubber stamp for the self-insured employer, helping protect the self insured guaranteed money that these employers pay to both state and federal governments. So it does not matter who your employer is, vets or civilian or where your benefits come from.

  8. Greed rules Washington. I am a retired gov. contractor. The spending on pork barrels is out of hand. The idea that “It’s not my money” when it comes time to fund pet projects runs rampent on the hill.

    There was no thought given to the real cost of sending troops to war. It seems the lessons of two world wars, Korea and Viet Nam were forgotten ànd never learned.This is what happens when government no longer wants their people to be educated enough to think for themselves and understand humanities.

    Has any one considered the ratio of how much blood needs to spill per barrel of oil.

    The cost for the aftermath of injuries to our veterans was never figured into the budget for the Gulf War. Unless our reps. stop using taxpayer dollars to support their luxuries, our vets will remain being treated poorly.

  9. This proves my Theory that we are SECOND CLASS CITIZENS IN THIS COUNTRY
    (if not THIRD CLASS OR MORE)
    MY SUGGESTION: Get rid COMPLETELY of the CRIMINALS of the (F) C&P
    VAM

  10. It’s being done through our very own health care & insurance entities of and by by our own legislators.The main issue is the changing of our real medical conditions so the insurance industry don’t have to pay for much of anything and we are all paying for it, one way or another, especially through healthcare/insurance premiums and our state and federal taxes and it isn’t good either. We all should know who we vote for and what are their agendas regarding our healthcare. Changing medical data protects the insurance healthcare industry from paying out on our benefits, whether it is healthcare or wage replacement.. The insurance healthcare industry with our legislators hold the key to it all. We need to hold our legislators feet to the wall or fire,.whether it is private or government and being self-insured as is the DOD, they’re directly responsible as to whether you get your benefits or not. and it is the insurance entity they hire to handle claims ( it could be the DOD itself) that make the decisions and in some cases, self-insured employers hire outside 3rd party administrators to make those decisions because It is incumbent on the self-insured to make the claim that there are less injuries /illnesses/deaths to stave off higher insurance premiums and the unused claim money is put back into the self-insured insurance business for them to increase their wall st. investments which goes back into their own insurance business.
    Sadly it is always about money/profit over people, any/all people including our vets… ..

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