board of veterans appeals re; VA violation

I need your help, and it’s now all up to you veterans. I can’t do no more.

With regard to my claim, VA violation of 38 USC 1722a, I had asked, the Board of Veterans’ Appeals, in accordance with the Code of Federal Regulations, 38 CFR 20.900 “(c) Advancement on the docket. (1) Grounds for advancement..A case may be advanced on the docket..may be granted only if the case involves interpretation of the law of general application affecting other claims...appellant is seriously ill..severe financial hardship..other sufficient cause..administrative error resulting in significant delay in docketing the case or the advanced age of the appellant...defined as 75 or more years.”

In a letter, dated 7/27/05, from the Board of Veterans’ Appeals my request for early adjudication, because, as they suggested, of severe financial hardship, was denied. I made no such claim! My 6/20/05,request for advance, I wrote, “My claim, VA violation of 38 USC 1722a, involves 1.1 million veterans’ co-payment over-charges. It is evident that a clear and unmistakable error’ based on RO ’statement of the case’, i.e., “interpretation of law of general application effecting other claims,” and “sufficient cause shown” has occurred. Subject to Sec. 7107(2) motion for early consideration.

Where the BVA got the ‘financial hardship’ from,..I guess, they saw the reference to the problems of 1.1 million veterans over-charges as the ‘financial hardship’. And any question regarding illegal over-charges of 1.1 million veterans carries no weight. Nor does interpretation of law effecting other claims, administrative error, or delay, as to any early settlement of 1722(a).

Justice delayed, is justice denied, again. On the back of the VA billing statement, it states, “When a notice of dispute is received..suspend further notices..while we resolve the question.” My property (over-charges held) was seized without explanation or due process rights (5th, 14th Amendment Rights). To reach the Board, and VA to recognize my 1st Amendment Right, to redress grievances, has taken over 3 years. Now more delay. Is this the “administrative error resulting in significant delay” mentioned in 38 CFR 20.900? Apparently not.

I, as a Korean War era veteran, when you die, the claim dies with you. However, this is were they have it wrong. Because this claim, filed on behalf of all veterans. It is about every veterans’ right to benefits. This is where you veterans, many returning from Iraq and Afghanistan, take over. It will then be up to you, to fight the VA.

So that the VA understands, interpretation of law of general application affecting other claims” and what this fight is all about, every veteran reading this message who receives pill medication that requires splitting (and those that do not), I want you to write, using a post card, for a copy of, “How Do I Appeal” from.... Department of Veterans Affairs, Board of Veterans’ Appeals, 811 Vermont Ave. N.W., Washington, D.C. 20420. It’s free, and you do not have to file. We need to show them these “other claims“.. numbers! Something they may understand.

It seems the “clear and unmistakable error (CUE)” based on interpretation of a law effecting approx. 1.1 million veterans is not sufficient cause to advance, and settle 1722, i.e., illegal taking of hundreds of thousands of unrecoverable veterans’ much needed dollars. That is what is behind this denial. You know, and I know who.

Will the “interpretation of law of general application affecting other claims” , in veterans medication costs, be upheld? It’s your duty to see that a question, of your veterans’ benefits, before the BVA, is answered. Even if your understanding is vague. Request “How Do I Appeal”. Veterans will be counting on you. I need a count, showing numbers of those willing to request a copy. Please e-mail heino92@netscape.com