GAO Report: VA Whistleblowers 10 Times More Likely To Be Punished

42 Comments

1. SS was easy. I obtained SSDI as of September 17, 1990 with no problems. The VA has the CAVES report and is ignoring it for my 1987 TDIU Claim which has been remanded by the BVA on May 11, 2017. How about that, only 30 years for the VA to even begin to take notice of the claim. Just blindly ignoring it no matter how many times I followed up. And refused to provide evidence from the medical side with non-denial denials. Never sending what was ask for but sending something.
   I’m now at the 10th Circuit Court of Appeals with it. Wishing I had an attorney.

2. Ben. Playing the usual back and forth between the two party joke of a political system doesn’t work and hasn’t for generations. Right, left, good ole boy’s club or today’s good ole gals clubs worsens. You have to count-in the Marxist female elements too. You know, those who tell someone like me I am not supposed to dare to question some highly educated, VA trained professional female? Bold huh? Oh and under Prez Obummer just like many wrongs to blood testing and obvious racism happened under his watch and allowing the SJWs, activist, unions, etc., to run nuts and be totally protected by the VA, admin, PAs, and on. To hell with vets it’s all about the grand ole “VA team and team mates.” Oh, and let’s not forget about all those new orders and insane demands coming “from the top.” The very top over all of it and not just Congress critters. DHS, DoD, SES, Porkagon, lobbyist, etc.

   Personally Trump has been a disappointment on some levels even though he has attacked some things like trade that needed to be done. America is still being censored, people like me attacked and seemingly not having any laws or rights to depend on while media, various professionals, legally, both party types not giving a damn and claim they can do nothing to remedy the VA or any form of corruption to lacks of professional ethics, HIPPA or Disability Laws, persecution, gross professional misconduct, basic human rights that be, etc. So O’Rourke is spouting shit when he says to contact the VA or go through any of our ‘law makers.’ Who don’t really give a damn either just passing the buck or ignoring issues. Besides, how do you fight something that has access and can do whatever they desire with our info or files and carries on out into the civilian sector for more gaming and harassment? Hell, Trump can find time to sit and talk to some war criminal and POS like Kissinger but won’t take time to talk to harmed veterans or those being oppressed by some state’s or town’s fascist pigs, totally corrupt and symbiotic relationships of the two party system, and ruling mafias, communist, and lying media???

   We need to remember the old adage. The system changes the person or newly elected, the individual will not/cannot change the system. There is no changing the pigs and corruption/machinery in DC like there is no changing the corruption or nepotism in my state and town.

3. One thousand ninety six removed from the VA? From house keeping and disabled vets? Anyone watch the CSPAN live reports Tuesday about VA Accountability and Blower protections? It’s replaying now on Cspan.

4. Name one that hasn’t been ignored. It is all show and no action as it always has been. The military industrialists’ bankers lobbyist are in charge. No money for compensation because that eats into the budget pie for hardware which increases the stock value in the corporate bankers’ portfolios.

   Choice program, started under the Obama Administration, has been defunded. It exists in name only. Few of the Choice providers responding to authorized access to service get anything near the authorized payment. My Choice provider received payment for 7 visits out of 25 from an authorized 52 visits.

   You are the one, Seymore, with his head up a yellow haired ass and can’t see what is happening because of the blinding lies in there.

   1. Lem,

      Once a snowflake always a snow flake.

      _____________

      Oh and Lem!

      Was meaning to ask you how your claim with social security is coming along for your claim for TDS disability?

      1. TDS — ‘Trump Derangement Syndrome’ – a very serious illness.

         Urban Dictionary offers up this handy definition: “Trump Derangement Syndrome (TDS) is a mental condition in which a person has been driven effectively insane due to their dislike of Donald Trump, to the point at which they will abandon all logic and reason.”

         The three stages of the illness.

         Stage 1: “In the first stage of the disease, victims lose all sense of proportion. The president-elect’s every tweet provokes a firestorm, as if 140 characters were all it took to change the world.”

         Stage 2: “The mid-level stages of TDS have a profound effect on the victim’s vocabulary: Sufferers speak a distinctive language consisting solely of hyperbole.”

         Stage 3: “As TDS progresses, the afflicted lose the ability to distinguish fantasy from reality.”

         #########################

   2. Sorry Lem just have to say it, you are at stage three already.

      There is no way your hero, with her Homer Simpson’s Muu Muu, totally haggard looking condition and her off color deck shoes belongs in the white house. That is a total fantasy and not based on reality Lem.

      “https://www.thegatewaypundit.com/wp-content/uploads/DirBXZtX4AAc4fF.jpg”

5. Your human Gnome project at work.
   If you don’t get it you weren’t supposed to .
   “https://www.youtube.com/watch?v=vbhGN2rB8aI&t=2042s”

6. On a lighter note, the new VA hospital in Denver cuts the opening ribbon today. Years late, and a Billion dollars over budget.

   After screwing me (veterans choice) losing my care provider in my hometown, minutes away.
   I’ve been forced back into VA care, and having to drive 2 hours to Denver.

   All my appointments are at the old hospital, which reminds me of the hospital from ( born on the 4th of July) movie.

   The same government who took us to Afghanistan to guard the poppy fields, to control the opium for big pharma for the multi national corporations, who produce the pain killing drugs, to get us hooked on those pain killers, then deny us the pain medications.

   It all makes perfect sense. The insane are running the asylum for one purpose only. To control the $ !

   1. This might be a good thing, connected to UC so doctors can slide over and cover? The entire Fitzsimmons property is well planned and used, hoping the UC brass doesn’t allow their crap. Denver’s employees suck and are understaffed on top. The idiots in charge with their think tank thought raising salaries would bring doctors in, first second posted employees immediately wanted a raise because new hires can’t make more. Then with no cash the think tank offered a 40hr work week, didn’t learn from prior experience and now already short staffed, they now see less patients. With the appointment crap needing to see patients now have 30 minutes per patient and counts their goof off time. They push people in, really do nothing and push out to someone else or give another appointment. So can’t hire, short staffed, hiring losers, the doctors run the place, but the problem is most are lazy and suck. It’s really horrible what they do, only hope is you get a good resident. The real money flow is since can’t get doctors they hire contract doctors. They get everything plus daily food and lodging pay, how much depends on city with most over $200 a day. My old PCP was paid on this program which is supposed to be short term and she collected 10yrs. When told her had to come on as permanent, she packed up and moved to Texas. How can you hire anyone when offering perks like this? If UC doesn’t plug holes, will have a nice place to hang out until the cleaning crew work shows up and the place starts looking like crap. Funny thing is the old hospital was to small for the veteran population, the new hospital has less beds and less room. They cut entire programs out so didn’t build out for them because the spotlight on construction costs. So now will keep the old hospital open paying for 2 hospitals. It’s a sin what they did, They wanted to build to the standards of UC and spent spent spent. The problem is UC did with a boatload of donations, Anschultz alone gave over 120 million.

7. A mob runs VA. There is no other explanation to it. America has been take to the cleaners by overweight alcoholic opportunists that will toos their own grandmothers under the bus.

   VA is in every respect an organized crime organization. They are adept at avoiding prosecution and the drunkard was boasting about it. VA is a mob organization and there is nothing short of dismantling it that can stop them.

   1. The vA is the fly in the ointment

8. Just wanted to point out that the information used in the GAO report is three years old and only covers the time period that Obama was president. This is just someones attempt to pin Obama’s VA failures on President Trump.

   Although the VA is still not up to parr there has been a lot that Trump has done to change the VA. Just ask the scum over at the AFGE who always fought to keep bad personnel employed no matter what infraction of the law the employees were guilty of.

   The following is from the report stating the time period used.

   “GAO analyzed 12 information systems across VA to assess the reliability of misconduct data, examined a stratified random sample of 544 misconduct cases from 2009 through 2015, analyzed data and reviewed cases pertaining to senior officials involved in misconduct, reviewed procedures pertaining to whistle-blower investigations, and examined a nongeneralizable sample of whistle-blower disclosures from 2010 to 2014.”

   Report Hightlights at: “https://www.gao.gov/assets/700/693267.pdf”

   Full report at: “https://www.gao.gov/assets/700/693308.pdf”

   1. How much more time do we have to give Trump to right the ship? Yes, it is his now and it is getting worse not better. This is a promise not yet kept.

      1. Lem — go piss up a rope and turn yourself into a yellow snowflake!

         While there is certainly a long way to go at the VA. Trump has implemented numerous presidential orders that have positively changed the VA.

      2. Name one that hasn’t been ignored. It is all show and no action as it always has been. The military industrialists’ bankers lobbyist are in charge. No money for compensation because that eats into the budget pie for hardware which increases the stock value in the corporate bankers’ portfolios.
         Choice program, started under the Obama Administration, has been defunded. It exists in name only. Few of the Choice providers responding to authorized access to service get anything near the authorized payment. My Choice provider received payment for 7 visits out of 25 from an authorized 52 visits.
         You are the one, Seymore, with his head up a yellow haired ass and can’t see what is happening because of the blinding lies in there.

      3. Lem,

         Once a snowflake always a snow flake.

9. Of course they are. If not part of the party they want you out and start pushing. Then when that person feels it, they retaliate by trying to exploit the wrong doing. Bet 90%+ comes from disgruntled people and more than likely most leave with the others have cake. So it’s not as many make sound, a church going single mom raising 14 children on her own, knows how tough life can be and could not live anymore without reporting her supervisor’s wrong doing even though it would come back to them nine fold. This America and I’m an American and like all Americans I must help the hero of this great country no matter the price, otherwise unamerican! My lawyer is on the phone gotta run.

10. The VA can best be described as one massive Pinball machine, each bumper, rubber band, knock down, and trap, is an endless loop of hoops, depts, forms, appointments, denials, delays, for the Veteran, who is of course, the Pinball, that innocently enough, stepped on to the ball plunger.

    Meanwhile, management, and the AFGE, keeps on emptying the coin drop.

    Know what I mean Irv?

11. When large sums of money are involved, and there are two roads you can follow, one a righteous road, and the other filled with corruption lies, theft, and zero accountability, and that is every single government agency there is, 100 percent of the time, the road taken is not that of the righteous, but of the corrupt.

    Once they have tasted the nectar of the taxpayers dollars, absolute power corrupts absolutely. Din’t you learn this in second grade?

    Better question, what exactly do you think your going to do about it? I will tell you, short of taking up arms, not a damn thing but sound like a broken record.

    The broken record technique has been used by many, with varying results:

    How I love a rainy day
    Hey jude
    Roxanne
    Tubthumping
    Let It Be
    Say (What you need to say)
    New Day Rising
    Womanizer
    Im Your Captain
    My Name Is
    She Got A Donk
    My Humps
    Halo
    Surfin Bird
    Lovely Day
    Birthday Cake
    And of course, the one that describes the VA most appropriately,
    “The Song That Never Ends” by Lambchop,,,,,,,,,,,you read that right……Lambchop!

    All you need to know about the Government, is:
    Power corrupts, and absolute power corrupts absolutely
    And:
    “https://www.youtube.com/watch?v=P6OAzGMV_wQ”
    I get tired of posting this over and over, like any of the annoying songs listed above, Watch the video in it’s entirety, then come back and tell me what you THINK your going to do.

    Later Gators -!ii!-

12. Here are some elements of the report (GAO, Actions Needed to Address Employee Misconduct Process and Ensure Accountability, July 2018) I found interesting:

    “The systemic lack of adherence to VA’s separation-of-duty policy is reflective of a lack of controls that would allow such activity to occur. Focusing on ensuring such controls are implemented would help ensure that VA decreases the risk of abuse when officials act as both proposing and deciding officials,” and, “VA has procedures in place to ensure that allegations of misconduct are investigated, but these procedures allow VA program offices or facilities where a whistle-blower has reported misconduct to conduct the investigation” (p. 45).

    Officials acting as judge, jury, and executioner made little sense concerning my Equal Employment Opportunity (EEO) case against the VA, filed under the auspice of whistleblower protection. I reported that my supervisor (GS-13) openly practiced discrimination and denied me reasonable accommodation, the supervisor was subsequently allowed to conduct a preliminary investigation into the wrongdoing, the supervisor then collaborated with VA human resources to complete a final investigation, my employment was terminated within a week of filing the EEO complaint, the VA Office of Resolution Management then performed an investigation into the matter, the Agency then hired an EEO investigator to produce findings, the EEO hearing was conducted in a VA conference room during which the Agency maintained its alleged innocence, and once a federal judge issues a ruling the VA will issue a Final Agency Decision as a means of having the ultimate say in the matter as to whether or not the Agency is guilty of wrongdoing. At all steps of my case the VA has had its hand in assuring a favorable outcome for the governmental agency. It takes a GAO report to state this process is defunct?

    “As shown in figure 4, the majority of contacts the OIG received (127,265 out of 133,435) from calendar years 2010 through 2014 were not investigated due to several reasons, such as insufficient evidence or lack of jurisdiction. Of those contacts that were investigated, the majority (4,208 of 6,170 investigated contacts) were not investigated by the OIG but rather were referred to facility or program offices for investigation” (p. 45), and, “VA does not have oversight measures to ensure that all referred allegations of misconduct are investigated by an entity outside the control of the facility or program office involved in the misconduct, to ensure independence. VA OIG officials acknowledged that there have been concerns about referring cases back to the chain of command because the OIG is unsure where cases go once they are referred” (p. 48).

    This is of no surprise to me, because when I filed a formal complaint with the OIG I received no response whatsoever, not even “Hey, we aren’t going to investigate this matter” communication. This very well may have had something to do with the fact that my complaint was reported to the VA Office of Inspector General—a VA entity. Just as Ben described, a chicken guarding the henhouse is an ineffective strategy when considering justice.

    “VA has not ensured that program and facility human-resources personnel adhere to policy governing documentation contained within evidence files to support conclusions reached. In addition, VA often had no record of the evidence involved with the adjudication of these actions and could not verify whether these individuals received reasonable and fair due process. The absence of documentation in some files also raises the possibility that VA may not always be in compliance with its procedures for governing the adjudication of alleged employee misconduct,” and, “VA’s inconsistent adherence to the standards provided by the OIG to facilities and program offices for investigating and resolving misconduct cases increases the risk that misconduct case are not being handled appropriate” (p. 56).

    While I’ve read an untold number of comments on this forum that denounce ALL employees of the VA—perhaps due to the function of misplaced rage, the inability to think critically due to subjective bias, or conformity to collectivist rhetoric that requires an allied group to remain in opposition to a perceived enemy—the reasonable and prudent readers among us may agree that the denial of due process within an employment setting is perhaps as crucial as violation of these rights in a criminal setting. The GAO report substantiates a claim I made during my EEO hearing; VA human resources officials act in the best interest of the Agency, not the employee. It functions much as the Gestapo did within Nazi Germany, to use an antiquated comparison.

    Though there were other report findings I found interesting, I think the aforementioned clearly represent my point. The VA has a systemic problem on its hands, which I suspect is as obvious a statement as claiming that pain hurts and fire is hot. Aside from the usual suspects who want nothing other than to completely demolish the Agency and who openly (and foolishly) call for violence within the comment section of this forum, perhaps the more judicious readers may discover hope in the findings of the GAO report. Do I believe the report will change anything? I could only provide conjecture at best. Still, a government entity’s admission of wrongdoing within its ranks is a step in the right direction.

13. Why have they kept “Choice 40” in the new improved VA Mission Act? Not a trick question, it’s so they can disqualify most veterans from getting real health care. Delay, Deny, Hope we die. Best thing we can do is not use VA, you’ll probably live longer. They only care about non combat veterans in the VSO’s.

14. The VA doesn’t like complainers because they have a lot to hide. I could write a book about instances like: after a surgery having to take 30 wire staples out of my abdomen because the doctor at the VA hospital refused to, it was a holiday and I live 100 miles from the hospital. He said he didn’t put them in Having to wait a month and a half with an infected ingrown toenail with no anti bios. But nobody would read it because nobody cares. If anybody did veterans wouldn’t be treated so bad. I’m afraid to go to the VAMC here, a veteran was beat to death, and the perp only got probation for a year. …

    1. Everytime a Whislte blower gets mistreated those creeps need to be targeted, made public sued, harrassed, everyon connected to them the same. This is war folks. It is called targeting and wiping out just one of these creeps, ruining them. Make an example. You must put the fear of God in them or they will not fear God.
       P.S. where is the perp’s body buried? At sea? In a bloody soaked mess of cow entrails? Here, Sharkie, Sharkie, here, Sharkie, Sharkie…………………………………………….. Who gave the perp probation/ Oh he is the next to go overboard, huh? Great…………..

15. TIME 2 GET SERIOUS – when is the VA going to recognize, that there is a segment of the Veteran population that is about ready to explode due to being mistreated by the VA? Veterans aren’t cattle.

    The goal should be on a case-by-case basis per each Veteran. The urgency needle needs to be kicked up a few more clicks on the dial, on how treatment care is delivered and measured.

16. Time to get serious. Russia is coming to America. First people to go into the gas chamber’s are the veteran’s of the United States.

    Once the American people see thousands of veteran’s being murdered, they will start speaking Russian.

    All other’s will become slaves. Don’t believe me. Just watch the writing is on the wall.

    Are all of you patriots ready to fight once again. We will have no choice. Freedom is not free and the American people and especially our elected officials and justice department, FBI and other agencies better qual the stupidness in Washington.

    For the life of me, I do not want to have to say, I told you so.

    1. E M E R G E N C Y S I T R E P P R E – W A R W A R N I N G

       1. The HOROIW (Head Of Russian Operations In Washington) spent over two hours in unsupervised, unscripted dialogue with his Russian-born Control Agent who is the current President Of Russia.

       2. As a result of that dialogue, it was announced today – – – his Control Agent has been invited to tour the People’s House soon to be renamed the Putin House sometime this fall or early 2019l.

       Follow-up Reporting as required.

17. There is an approach for attacking Whistle Blower Retaliation in the Court of Appeals for the Federal Circuit:

    From: Boggs v. Peake, 520 F.3d 1330 (Fed. Cir., 2008) ”38 USC §7292. Review by United States Court of Appeals for the Federal Circuit:”
    “…(d)(1) The Court of Appeals for the Federal Circuit shall decide all relevant questions of law, including interpreting constitutional and statutory provisions. The court shall hold unlawful and set aside any regulation or any interpretation thereof (other than a determination as to a factual matter) that was relied upon in the decision of the Court of Appeals for Veterans Claims that the Court of Appeals for the Federal Circuit finds to be—
    (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
    (B) contrary to constitutional right, power, privilege, or immunity;
    (C) in excess of statutory jurisdiction, authority, or limitations, or in violation of a statutory right; or
    (D) without observance of procedure required by law.”
    “…There are only two statutorily created exceptions to the rule of finality for veterans claims in §7104(b). Cook v. Principi 318 F.3d 1334, 1337 (Fed.Cir.2002) (en banc). First, under 38 U.S.C. § 5108, “[i]f new and material evidence is presented or secured with respect to a claim which has been disallowed, the Secretary shall reopen the claim and review the former disposition of the claim.” See also 38 C.F.R. § 3.156; Barnett v. Brown, 83 F.3d 1380, 1383 (Fed. Cir.1996) (“[T]he Board does not have jurisdiction to consider a claim which it previously adjudicated unless new and material evidence is presented, and before the Board may reopen such a claim, it must so find.”). Second, a final decision “is subject to revision on the grounds of clear and unmistakable error.” Cook, 318 F.3d at 1337 (quoting 38 U.S.C. §§ 5109A (decision by the Secretary) & 7111 (decision by the Board)).”

    1. Doesn’t matter if the law is on your side. The MSPB and Court of Appeals will rubberstamp their atrocities.

       Right now I’m dealing with the U.S. Fed Court of appeals – where I am still trying to pick my mouth off of the floor from watching them literally ignore theirs and the U.S. Supreme Court’s precedent on due process that federal employees have a constitutional right to.

       Lesson learned…a whistleblower has “no” rights and the VA isn’t gonna stop because if the courts are backing them up…why should they stop?

18. If these reprehensible critters spent a fraction of their time and abilities working for the veteran’s best interest, rather than devising end games for their own benefit, we’d have a far different VA system.

    @ANutterVet,
    In a perfect world your idea sounds feasible but, in reality how is each of those workers going to be paid? We all know how frustrating it is to successfully get through the YEARS of quadruple-double-triplicate paperwork, with each and every “i” dotted and “t” perfectly crossed. There are county paid VSO’s, and there again it’s a grab bag of responsibility for the cause. Our Uncle paying the new entity will have it soon becoming another exercise in futile gridlock; a charitable entity for this purpose likely will end up in scandal like so many of them have, as well. Then there is the personality of the staff members; if they are unmotivated toward those tougher cases, like some VA staff, well…

    This I know for sure, unless regs have changed over the decades, every soon to be veteran that is aware of their injury, can file their initial claim before departing their final DS. Keep in mind, it is in your interest to get copies of the signed/dated encounter as proof in securing your date; Make sure you have at the very least secured copies of your med file referencing those injuries and treatment, if not the complete in-service med file, ALSO, be sure that the address you are using is reasonably permanent for your mail delivery for a long time, because Uncle has a way of imposing “Murphy’s Law” at every opportunity.

    1. @Rosie – Paid by VA of course. It would benefit VA too, but it directly benefits Veterans by streamlining ANY process where a Veteran has a problem. Read Namnibor’s comment above. VA doesn’t set a high priority in keeping in the provisions of their own Policy’s. It’s more than being amuck.

       In other words, the Veterans dealings with VA are always in a constant state of movement, idle time is cut to the minimum. In reality, this is nothing new. most likely was the objective in the first place, that is until many discovered that the lid on cookie jar, wasn’t even put on the jar.

       My observation also tells me, that VA is very poor at testing possible beliefs of what VA thinks is happening well before spending big bucks on a project. Matter of fact, VA Execs are confused too, they don’t even know where many problems stem from, or where does the process side-track. I’ve been down this pike before when working for one of the largest PC and Analytical equipment manufacturers. The VA is it’s worse manager. They don’t monitor, adjust, monitor, etc., to well at all.

19. VA should be set up with 3rd party personnel, with no connection with VA (verified), that their sole responsibility is to guide ANY Veteran through any claim processes, disputes, misunderstandings, or any matter that is a hindrance to a Veteran from judiciously obtain ANY benefits and or services from the Veterans Administration. Such 3rd parties aren’t identified, nor work by the same principles as a Veterans Service Office(er) (VSO).

    Most Vets are perplexed by the VA maze and the way its system is set up to discourage Vets. Been many documented reports, that even VA employees are overwhelmed with or don’t follow VA Policy as it is written. Most likely, VA’s own Policies are too complex for the VA’s own hired help to know, so that the VA employee can righteously use what is in such Policy.

    Streamlining is amuck in the processes of anything that the VA has, touches, and or uses. Big problem, that if solved, can and will help many Vets to smoothly get things done within the VA system.

    1. My suggestion above, just saved the VA Billions of $$$. Lets see if any of their trolls pass it onto the dumb fucks. I’m tired of all the waste, inconsistency, and abuse of power violations within this corrupt Agency.

       POLITICIANS; what the hell is your problem, burring your head into the sand every time a good Veteran submits an issue or a problem to you? Dumb fuck too.

       1. ^^^^That’s^^^^ what the piggy VSO’s mission was once….my, how the piggy’s are only attracted to what benefits them, not their fellow Vets….!!!!!! The VSO’s have lost the way long ago and are so far up the VA’s ass they can’t even see light of day.

20. I’ve also found you can file a “petition to appeal” directly to the Court of Appeals for your area on any CUE, failure to follow the law, New evidence in Pro SE (self representation):

    From: Boggs v. Peake, 520 F.3d 1330 (Fed. Cir., 2008) ”38 USC §7292. Review by United States Court of Appeals for the Federal Circuit:”
    “…(d)(1) The Court of Appeals for the Federal Circuit shall decide all relevant questions of law, including interpreting constitutional and statutory provisions. The court shall hold unlawful and set aside any regulation or any interpretation thereof (other than a determination as to a factual matter) that was relied upon in the decision of the Court of Appeals for Veterans Claims that the Court of Appeals for the Federal Circuit finds to be—
    (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
    (B) contrary to constitutional right, power, privilege, or immunity;
    (C) in excess of statutory jurisdiction, authority, or limitations, or in violation of a statutory right; or
    (D) without observance of procedure required by law.”
    “…There are only two statutorily created exceptions to the rule of finality for veterans claims in §7104(b). Cook v. Principi 318 F.3d 1334, 1337 (Fed.Cir.2002) (en banc). First, under 38 U.S.C. § 5108, “[i]f new and material evidence is presented or secured with respect to a claim which has been disallowed, the Secretary shall reopen the claim and review the former disposition of the claim.” See also 38 C.F.R. § 3.156; Barnett v. Brown, 83 F.3d 1380, 1383 (Fed. Cir.1996) (“[T]he Board does not have jurisdiction to consider a claim which it previously adjudicated unless new and material evidence is presented, and before the Board may reopen such a claim, it must so find.”). Second, a final decision “is subject to revision on the grounds of clear and unmistakable error.” Cook, 318 F.3d at 1337 (quoting 38 U.S.C. §§ 5109A (decision by the Secretary) & 7111 (decision by the Board)).”

21. …and the VA successfully prompted me to again pince a loaf into the VA’s porcelain suggestion box this morning!

    The VA only protects the VA and it’s evil assholes working there…NOT Veterans. We are only the ticket to the cookie jar and we are trampled by their coming and going and often fucked raw.

    Fuck off, VA.

    1. **Pinch** a loaf…(bad neuropathy day)

22. There’s a scene in Swordfish, Travolta, Jackman, Berry. Where Travolta has his operation yanked by a Senator. In the scene I’m talking about you see the Senator fly fishing out in the wilds of Montana or Wyoming. A Chopper flies in and lands and out steps Travolta with a 45. Dialogue ensues and needless to say Travolta flies off leaving the suckhole Senator laying face down in the river. I’d love to be able to do something similar to Murphy.

    1. Everytime a Whislte blower gets mistreated those creeps need to be targeted, made public sued, harrassed, everyon connected to them the same. This is war folks. It is called targeting and wiping out just one of these creeps, ruining them. Make an example. You must put the fear of God in them or they will not fear God.

23. Patient whistle blowers are also punished. I’ve come to realize going through my file that because of my activism on veterans with organic brain syndromes that began in 1987 I was immediately put on some black list or so it appears from my adjudication file. Refusal of evidence. Non denial denials by providing something in response to FOIA requests but not what was ask for. A CUE of stating that a hospitalization from Aug 12 to Jan 15 was less than 21 days, and therefore not eligible for hospitalization compensation. Removal of documentation of disability from my C&P file. Currently, a 150 day delay in correcting the RBA by obtaining evidence referenced in documents not removed. But at least the CAVC Clerk was responsive to my complaint:

    Not published
    UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
    No. 17-2990
    LEMUEL C. BRAY, APPELLANT,
    V.
    PETER O’ROURKE,
    ACTING SECRETARY OF VETERANS AFFAIRS, APPELLEE.
    O R D E R
    On November 7, 2017, the Secretary transmitted the Record Before the Agency (RBA) to
    the appellant and filed notice of service with the Court. On November 18, 2017, the appellant filed
    a motion that the Court will accept as a motion disputing the RBA. On December 1, 2017, the
    Court ordered the Secretary to advise the Court, within 15 days after the date of the order, and
    every 15 days thereafter, which action the Department – including the responsible VA regional
    offices – have taken to resolve the dispute. For more than 6 months the Secretary has filed
    responses to the Court either asserting they are continuing to review and determine if any
    documents are missing from the RBA or that they are attempting to locate documents identified
    by appellant as missing from the RBA. On June 13, 2018, the appellant filed a response asserting,
    in pertinent part, that the RBA dispute process has taken a long time and the Secretary has not
    provided any details of the status of the dispute. The Court agrees with the appellant and will ask
    the Secretary to provide a detailed status update. It is
    ORDERED that the Court’s December 1, 2017, order is hereby revoked. It is further
    ORDERED that, within 20 days after the date of this order, the Secretary provide a detailed
    response as to the items listed in the appellant’s RBA dispute filed on November 18, 2017.
    Proceedings in this appeal are stayed pending further order of the Court.
    DATED: July 17, 2018
    FOR THE COURT:
    GREGORY O. BLOCK
    Clerk of the Court
    By: /s/ Cynthia M. Brandon-Arnold
    Cynthia M. Brandon-Arnold
    Chief Staff Attorney/Deputy Clerk
    2
    Copies to:
    Lemuel C. Bray
    VA General Counsel (027) brw

    1. I’ve filed an appeal in the 10th Circuit for DCWD Case 17-CV-206-F which is a medical malpractice suit for treating my atypical absence seizures and atonic seizures with Tegretol which is listed in the 1990 PDR (Physicians Desk Reference, the go to book for Doctors on medications) as making such seizures worse. 5 months of complaining that the drug was making me worse and finally having to wean off and quit therapy whereupon my seizure diagnosis was changed to pseudo seizures. I was never compensated for my confirmed seizure disorder.

       The black list even reaches to attorneys. Even Ben’s office won’t take my case for fear of retaliation.

24. Hay my I give you some need advice you know what I know about the VA and the things it has done to those who it was made for but when it got to big and more money was flying out of the vet’s hands who was to get it and who made the payment for those things with their blood and bodies and in the minds of those who stole it they will never be caught and the government will take care of them because they gave them the okay to do so and not many in the government ever got caught where ever jailed for their bad doing that why the hell not take advantage of the system and screw us who made the payment possible to them who enjoy and still enjoying the money which they will never be caught for and made to pay the price for if they are caught. If you feel I am wrong then read your own stories about many people who got caught and where are they now Mr.Trump is not doing bad at what he has to work with but you can get to be a help for him and us or alternatively you can always be the same. Thanks Jim

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