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« Chicago May Face Uphill Fight in Supreme Court | Main | Appeals Court Sides with DOJ in Suit Against Protected Federal Witness »

February 23, 2010


MC Kean

Veterans are the lab rats and breathing cadavers that are reduced to objects rather than being treated as autonomous patients. The V.A. may as well have the motto, "don't treat PTSD, cause it."

Jerry Kelley

I have written every Congressman and Senators in the state of California and about 50 outside the state. From the President to the Justice department, and about 100 attorneys, even governments outside the United States. The (VA) have lost my records so many times and just lost my resent medical claim again.

I have been fighting the Veterans Administration for over 8 years concerning my education benefits: Vet. App. No. 08-2088. Right now my file is being reviewed at the U.S. Court of Appeals for Veterans Claims. Everyone knows that a veteran has a better chance having your appeal reviewed by a 1st grade class. Imagine losing your Doctorate, Masters and Bachelors degree because of (VA). Imagine that you were approved to go to school, went to school then Oh! Sorry you can’t go to that school. Then over 20 people tell you we will fix this so go ahead and finish school. Two years latter you call the (VA) and they tell you they do not know who you are. I have lost everything that I own and have been forced to have been homeless on many occasions. Many of the replies I get from my government leaders in layman’s terms… Go to Hell!

I filed for medical benefits on 19, October 2009 with the Disabled American Veterans in Los Angeles and 3 months latter I received a letter from the VA Los Angeles Regional Office that all of the files that were submitted were lost. During the fight with the VA over the last 8 years the VA has lost all of my files including my official medical records.

So for them to lose my local medical claim packet was expected. I have not re-submitted my file yet because I’m sure they will lose them again. Words like please help me or begging for help does not work, so what does a person do? I know they are waiting for me to die out or just quit.

Jerry L Kelley

Mike Bailey

the issue that is NOT being discussed is the fact that by the time the issue of EAJA fees are being discussed, wether the issue that led to the initial denials were justified by the Veterans Adminsitration, is the fact that many of these veterans have lost their homes, their vehicles and their families, from divorce or suicide.

Regardless of the cost of attornies fees, what is the cost to this nations veterans, while they are waiting on a "judge" either at the BVA or the CAVC to decide on if the evidence supports the granting of the "award" of benefits. This process is usually 3-10 years in the process, no person or family can survive without income and the major bread winner is unable to earn a living.

Should the VA be a welfare agency, NO, but they should not arbitrarily denying justified claims while they are hoping that the veteran will quit the claim or die while it is being processed. It has taken the federal government decades in some cases to recognize the damage that some things have caused veterans, nuclear tests, chemical weapons and drug experiments, biologoical weapons, Agent Orange, Sarin and Mustard agents that were at Kamisayah Iraq in March 1991 when the Army destroyed the Iraqi ammunition depot, spreading Sarin and Mustard agents over the Arabian Peninsula, as of this date the human experiments at Edgewood Arsenal conducted by the Army and CIA are being contested in Federal Court in the 9th Circuit

Vietnam Veterans of America, et al. v. Central Intelligence Agency, et al.
Case No. CV-09-0037-CW, U.S.D.C. (N.D. Cal. 2009)

What This Case Is About
Plaintiffs seek declaratory and injunctive relief only – no monetary damages – and Plaintiffs seek redress for 25 years of diabolical experiments followed by over 30 years of neglect, including:

the use of troops to test nerve gas, psychochemicals, and thousands of other toxic chemical or biological substances and perhaps most gruesomely, the insertion of septal implants in the brains of subjects in a ghastly series of mind control experiments that went awry;
the failures to secure informed consent and other widespread failures to follow the precepts of U.S. and international law regarding the use of human subjects, including the 1953 Wilson Directive and the Nuremberg Code;
an almost fanatical refusal to satisfy their legal and moral obligations to locate the victims of their gruesome experiments or to provide health care or compensation to them;
the deliberate destruction of evidence and files documenting their illegal actions, actions which were punctuated by fraud, deception, and a callous disregard for the value of human life.
The Complaint asks the Court to determine that Defendants’ actions were illegal and that Defendants have a duty to notify all victims and to provide them with health care going forward.

The judge has listened to arguments from the governments lawyers in their attempts to have the case thrown out of court, jurisdiction, time limitations, Feres Doctrine, national security, state secrets, and everything but the kitchen sink, these experiments ended in 1975, after 35 years, the veterans deserve the truth about they were exposed to, 75% of them are either disabled or deceased, as of the last health study done on them in FY 2000, 3098 deceased, and 2200 disabled and no medical reasons given for the disabilities. In FY 2000 these men were aged 45-65 years of age in the past 10 years I am sure more of them have passed away. This is far in excess of "average" males this age.

The government fights everyone over a few dollars in taxes, over payments owed to the government fighting paying the EAJA fees would not be a bar to a legal fight for the federal government, not given the monies they spend to collect other debts citizens owe the federal government.

Steve Ryan

I have been fighting the Regional offices and the BVA for over ten years on behave of Vietnam vets and their PTSD cases. This is hardly a surprise to me, I have seen it first hand time and time again. The VA Regional offices and BVA are totally Broken by intent and design i believe. Watch for my book comming out this year. You will read about case after case that unethical/illegal PTSD decisions have been handed down regardless of the Medical/stressor evidence in the case. Steve Ryan PTSD Expert

Vicki Malia

"Not too good" - I'd say it's an absolute disgrace how our veterans are treated!!

"Substantially unjustified," i.e., WRONG, 70% of the time??? Where is this ever acceptable??? To whom are these people accountable? The whole Board of Veterans Appeals should be fired and a complete overhall of the system undertaken!!


What this overlooks is that the gov't will concede and pay EAJA fees, even when it believes it is substantially justified, because it's economically rational to do this. Otherwise, if it contests, it risks "fees on fees" litigation, where EAJA fees are paid for litigating the question of fees. THOSE counsel fees can be huge. So it makes sense to fold.

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