Tuesday, October 26, 2010

In Hell-Washington DC

Here am I in this hellhole, Washington DC.  Later today, I go to the White House.

I finished arguing with the Board of Veterans Appeals a case yestereday why it is my belief veterans that are successfiul on a remand are entitled to a reimbursement of costs based on the holding of the United States Supreme Court. (Both in Buchannon (2002) and reaffirming in Hardt (2007) that any party that prevails in implementing a material change in a legal relationship they have with a federal agency is entitled to a cost recovery and attorneys fees, when applicable. 

Since I did not use an attorney, that argument in my case about recovering attorney fees before the BVA is moot. The issue related to my real out of pocket costs is not moot and now is close to $20,000.

Naturally, if the BVA Judge Copeland rules adverse to my argument, then I take an appeal to the COVA, the Federal Circuit, and then once again try to docket a case with SCOTUS.  The last time I tried to docket with SCOTUS on a VA case was over what one word meant. 

The VA has a word called "expeditious".  Now my claim before the VA has been afforded this alleged "expeditious" treatment since 1998.  So what does that word mean to the VA regional offices that initially handle claims for benefits?

Basically, the word "expeditious" means to a VA regional office that a claims folder gets generous use of highlighter.  Does it mean claims get processed any faster?  No.  Which is ludicrious.  So, to have your claim marked expeditious means very little.  Sounds good but by effect, not much happens. 

Now my case was supposed to be the second on the morning docket.  So, I had to sit there waiting for over 3 hours.  Then, since the afternoon docket was supposed to be in only an hour, I was only afforded a grand total of one hour why vets are entitled to a cost recovery upon being successful upon a remand by the BVA of a claim remanded back to the VA regional offices. 

The only problem in my VA case is that I have been remanded nine times resulting in me prevailing, but never obtaining a cost recovery.  And now after yesterday, I am certain I am going to be remanded a 10th time.  Which is one reason the VA adjudication process is fubared.  Not only is this VA adudication process fubared, it costs the American taxpayers billions of dollars in redundant and repetitious claims that never seem to reach a final adjudication. 

Now when I was running for United State Congress, I polled a lot of people related to this horrible and long VA adjudication process.  I have been processing a claim with the VA since 1976.  Continuously without interuption since 1995.  Now the VA adjudication system is unlike the Social Security system that gives a person a scant three years to a final adjudication.  And if that does not happen, then an SSA application has the right to file a federal case. 

The VA system is  unlike the SSA system and can take a lifetime without ever getting a final adjudication.  Which is not only costly to the taxpayers, but absurd on its face.  The point is why? 

Now interested Vet support groups like the PVA, the DAV, the VFW, and the American Legion prefer this lifetime system of adjudicating VA claims.  Hence, this causes a huge backlog that each new VA Secretary promises to fix.  But these VA Secretaries come and go with each new VA Secretary who merely repeates the same rheotoric about somehow how they uniquely are going to fix the backlog of VA claims.  And they never do.

So, what I am asking the American taxpayer that pays for this outrageous claims process, if they understood how much this VA adjudication is costing them in their federal tax dollars would really be po if they found out how fubared and costly this system is.  The VA adjudication process is obtuse, broken and needs a major overhaul.  The only problem is that vet groups are going to ensure this system remains fubared and that there is never a final adjudication.

And the American taxpayers sit by silently.  They should not be so passive considering it is their money being spent.  And it is billions of dollars.  As a statesmen and as a congressional candidate, this system needs a major overhaul and the VA claims system needs a permanent fix.  There has to be an end to this never-ending VA adjudication process.  Modeled after the Social Security System.   And the net result would be a huge savings to the American taxpayers.

And is that not the function of a stateman?  To figure out what is best for all Americans regardless of any particular election.  A statemen focuses on many generations; whereas a politician only focuses on getting re-elected, now matter how much in costs we the people and our nation.  And too bad in America, we have way too many politicians and only a rare few statesman. 

It is incumbent that we ensure our focus, and the focus of the tea party patriots is that we continue to focus not on our own self-interest, but what is best for our nation and those generations that come after us-our future prosperty.

Speaking of our future prosperity, I go to the White House today.  Maybe I might get the chance to remind Obama and his staff they clearly forget our future prosperity is supposed to be his job as President of the United States.  And what I want to know, is why the current administration in the White House refuses to be statesmen and instead, keep acting like politicians.

The only good news I have, other than going to the White House, is I get to leave this hellhole called DC and return to FL later today.  Amen.  Thank you Jesus. 


No comments:

Post a Comment

Anyone that would like to post solutions to make America a better nation as a guest blog author; or has solutions to fix some of the problems in America, send me an essay to tscherer4@kc.rr.com. Also known as Thomas E. Scherer, your better candidate for United States Congress

Merely remember if I am elected to Congress, you the individual are my boss. PACS, Lobbyists and Special Interest Groups, sorry, but just go away. Americans are tired of the United PACS of America buying and corrupting our congressman and Senators. Our candidate is not for sale.

Note: Only a member of this blog may post a comment.