http://vids.myspace.com/index.cfm?fuseacti...ideoID=63954942

In a recent ruling (which I posted of earlier in another area of the forum here), a federal court ruled that a veteran has a 5th Amendment property right to disability compensation claims.

I discuss this ruling and much more in this interview I did; things that include the failures of the VA claims process and other inherent problems found within the VA.

Take a peak and let me know what you think!

Thanks!

One vet helping another vet...all for one, and one for all!

Troy Spurlock

Thanks

Good stuff, Troy.

Thanks for all you do for veterans!

Interesting video. Looks like your not to far away. I'm over in Woodburn.

Eric

Nope, not far at all. Newberg.

Great video. Keep up the good work. We need more like you.

Thanks, much appreciated!

Have a new video up sent to me by the Utah VA producer, Darin Farr. You can click on the same link and go to other videos, or go here:

http://vids.myspace.com/index.cfm?fuseacti...ideoid=64164717

A star is born. As always, you rock

It's only a constitutional right if you're entitled to it. Many frivilous claims out there bogging up the system.

dh

Outstanding post, Troy. and thanks for the videos and the flashback @16.35 min. of the "Transmission on Transition" video, when the young vet was walking through the halls of his college. The absents of anti war protesters was notable. I flashed back to1968, when I got home and returned to school, and being treated with destain from the staff and fellow students. We were hated by many of our peers back then. Others thought that we were fools for going to Vietnam. PTSD was not recognized yet, and combat related stress disorders were considered manifestations of poor self discipline and/ or cowardice by the medical community & civilians. I'm glad that the new returning vets do not have to experience that kind of rejection. It's tough enough to readjust, now a days, without that additional insult and condemnation for military service. I learned a lot from the hour of watching your videos. War is the same in many ways, even though we were in different places and eras. I was surprised that after 40+ years, I had to stop the film during the "Walking Wounded" video. another interesting flashback. I had to step over too many dead bodies, myself. It brought me back to ICorp RVN, The explosions in the video were lacking the smell of the blast and the adrenalin in the air, however my memory helped with the special effects. Amazing experience, after all these years. After 40+ years, I had to stop and laugh at myself. Maybe that is what happens when you have been through that journey, and survived. Amazing....

I can't figure out why I'm not able to get the
videos to play, something in my security I think.
carlie

Yes, there are many frivolous claims out there...and that's why the judge made it perfectly clear in the ruling to say the following:

"Veteran's disability benefits are nondiscretionary, statutorily mandated benefits. A veteran is entitled to disability benefits upon a showing that he meets the eligibility requirements set forth in the governing statutes and regulations. We conclude that such entitlement to benefits is a property interest protected by the Due Process Clause of the Fifth Amendment to the United States Constitution."

Not sure either...it's an internal video on MySpace servers...

Try going straight to my space at http://www.myspace.com/support4veterans and click on the "Video" link. There you will find all three videos and they should play for you.

Another issue, though, may be that you don't have a flashplayer installed. Maybe...

TS

The view of the Disability Compensation as Constitutional Right is a very positive development as far as doctrine goes, but what would be the tangible benefits of such change.

The 5th Amendment to the Constitution of the United States states that "no person shall?be deprived of life, liberty, or property, without due process of law." This right was extended to the states by the 14th Amendment (1868). Fundamental to procedural due process are adequate notice before the government can deprive one of life, liberty, or property, and the opportunity to be heard and defend one's rights.

In the past the VA out of blue for absolute no logical reason whatsoever decided to strip me out of my Disability benefits simply because I was unable to show on to an appointment that took place in a different town (hundreds of miles from where I live); so based on their logic given the fact that I was unable to show on to such an appointment a miracle have happened and all the chronic ailments and disabilities that affect my body were cured (in all my last C&P Exams the doctors pointed out on their report that there is no perspective of improvement of the condition, so I guess that is not going to happen anyway…, but one never knows…). Wouldn't it be at least rational for the VA to only be able to withdraw such benefits if there is clear and unmistakable recurrent medical evidence showing that not only has the primary conditions but also their collateral and secondary conditions have been magically (for lack of a better word) cured. When first enacted the so called "disability benefit" was not even considered a right, but more of a given. Would such supreme court decision change all of that?

Another issue that I very often have confronted myself with is the idea of "due process" as far as the VA's decision making process is concerned: it is more often than note inconsistent, full of discrepancies, and last but not least disrespecting and disregarding the medical evidence, records, and statements of all parts involved. All in all it is plain outright against any basic principle of substantive or procedural due process. Wouldn't it be a basic and essential right in any civilized society that once one is confronted with such undue process and outright negligence, disrespect and disregarding for one's basic rights that one could simply sue the VA? (I heard that there is cap for how much VA will pay in case of medical malpractice and negligence, thus many attorneys simply are not interested in pursing cases against the VA; would that be case in a lawsuit against the VA in function of the violation of one's constitutional rights: due process is the case in point?) . Couldn't veterans victimized of such disfunctional system that more often than not disrespect, disregard and disconsider all the evidence on file on occasion of making the decision be able to sue the VA rather than going through the VA's own appellate process that takes more time to be complete than any equivalent appeal in the legal system of the most miserable and corrupted riddled country in the African Sub-Saharan region?

I had something similar happen to me. They refused to refill my medication unless I showed up for a special 'annual appointment', despite the fact that I get shots there every month and just saw their specialty doc who prescribes my meds.

When watching the file of the guys driving down the road I want to yell out to them to watch the road. Stop the chatter. They are sitting ducks for an RPG, an ambush etc. Everytime you go around a corner you might be driving into an ambush. When driving out to some hamlet in RVN to take the civic action officer we security guys riding in the back of the truck were thinking we are going to get ambushed or hit a mine and we are all going to die so that offiers can claim to be winning hearts and minds. We get to the hamlet and it has been attacked the night before. They went after the civilian defense forces because that is the weak link. We are also sitting ducks. We know if something happens they are all going to run away and leave us there to die. Some things never change except feeling naked in badit country. I sometimes feel my command was trying to kill me.

Odd that this would come from Salt Lake VA.

I find it full of bull, being that I go there and get no help for my tbi. Worse, they suggested I move to a different region to get help.

This video is propaganda at it's best. It actually made me mad to watch it.

It certainly would make things easier if the VA could be sued and taken to trial where actual "reasonable people" will consider the evidence and facts instead of government cronies who are told to rubber stamp each claim 'denied' without rhyme or reason.

Moreover, your comment about the time the process takes reminded me of how it took me 5 years to beat two different regional offices within 3 months of receipt of my appeal at the BVA. That was entirely too long to have the BVA affirm the obvious, which both regional offices emphatically denied - just to save the government money.

Which is, after all, the reason behind rubber stamped denials and the government's "Death Handbook" (http://www.veteranstoday.com/modules.php?n...le&sid=8335)...MONEY!

To the government we veterans are expendable...the sooner we give up on disability claims, stop going to the VA for health care, and/or die...the sooner they save MONEY (which goes to increased pork and earmark spending on non-emergency, non-essential, and irrelevant projects that do nothing to better life, liberty or the welfare of the nation)!

Someone in the VA actually told you, to your face, to move to another region if you didn't like how they were handling your claim/health care????

If this is true, why haven't you filed a formal complaint against this employee with the patient's rights advocate at the VA hospital and/or VA regional office. Moreover, have you written your Congressman (or woman) about your difficulties?

There are actions you can take to make a wrong into a right in defense of your rights, not to mention the principle of the matter in question.

Please don't let them get the best of you...stay strong and be persistent; things will work out in the end. Though it may take time and a lot of patience (I know from experience...took me 10 years to get my 100% P&T rating), you will get what you've earned and are entitled to for serving your country (THANK YOU!)

T.S.

Oh it's true. No need to file a complaint. The statement is true also. SL VA is not set up for TBI. There is no expertise there. That is why the video is bunk.

I had gone to my congress critters and senator. In person. Both for claims and to get a simple referance to be evaluated for TBI.

In all it took me 14 years to be rated 100% P&T.

I do not discouarge anyone from contacting elected officials and/or the media. Elected officials may help each individual that contacts them. The media does the same when a particular story get's national attention, the VA fixes that particular vets problem, then can say, see we helped him. We here at Hadit help each individual veteran. the same goes for the VSO's.

These tactics have done little to change the claims proccess. The problem is not funding in my opinion. It is accountability.

The only thing that will bring accountability to the VA is full scale protest. A march. Otherwize we continue to help one veteran at a time.

The courts? The VA does not abide by the laws of the country as it is. We know it. They know it. The government knows it. The courts know it.

Troy has the right ideas, but Utah is very conservative state. They don't like to spend money on "deadbeat vets". A friend went from California to Idaho. The VA in Idaho is populated by the doctors who are on their way to elephant graveyard. Those freedom loving Western states are loath to spend their money on begging veterans. They are rugged individuals. Just suck it up and keep starving. It took me 40 years to go from 10% to 90% IU. It seems just like yesterday. I was young, mentally unbalanced and jobless. Now I am old, mentally unbalanced and jobless, but I'm not worried 'cause I'm sitting on top of the world. Top of the world, Maw!

I don't see a regional problem. I see a national problem. People in Idaho are Vet friendly.

Think of it this way if you like, Say everyone that visits a stream throws a rock or two into it. These rocks will never dam the stream because they are thrown at spaced out random intervals at different areas along it's bank. The stones simply wash away. However, if all these people were to get together, meet at a designated spot on the bank, and toss their rocks at the same time, there is a far greater chance of damming the stream.

In my opinion, as a group, we are tossing random rocks into the stream, all along it's bank. The stones get washed away.

We need to toss the rocks at the same time, in the same place.

I hate to say it but the longer the wars in OIF/OEF drag on the more benefits and more attention vets will get. A long drawn out war with a steady stream of wounded coming back will get attention directed at the dysfunctional VA. Vets will never get together to block the stream. Half of them love the VA, and the other half hate it. Scandals and shameful acts of negligence are what motivates people and politicans to try and fix the system. The AARP is about 100 times as powerful as all vet organizations put together. NRA kicks ass as citizens and cops get blown away with assult weapons. Why...because they control money and can get the vote out during election time. Vet organizations just pose for pictures with smiling jackasses in congress. They all give each other a big wet kiss while slapping each other on the back. Your local chamber of commerse has more pull than most national vet organizations. People everywhere are vet friendly except when it comes to parting with tax dollars to help the vets.

One of the two regional offices I fought for 5 years was Idaho's R.O.

While it may have been one bad experience (i.e. they were merely keeping the status quo with the Portland Oregon VA R.O.), it nonetheless left me a bad taste in my mouth where that VA R.O. is concerned.

Reality is/was both RO's knew I was right but didn't want to admit it. So the BVA forced them to within 3 months (not 3 years) of receipt of my appeal.

T.S.

So true.

When the DHS terrorist report came out declaring the nation's "disgruntled veterans" the next domestic terrorist, the VFW kowtowed to political pressure in giving a sugar coated defense to the DHS's clearly stated position.

That's one of the reasons why I, personally, wouldn't trust a veteran service organization. They're in too deep politically. AMVETS did me no good during my claims, one rep telling me flat out he did not know how to represent me in my appeal (the one that took 5 years across two regional offices, that I won on my own); and the VFW's response to the DHS publication...now I cannot say that about DAV, as I've heard good things about them. Nevertheless, all these organizations have their "buddies" within the VA and can easily lose sight of the underlining goal...helping the veteran. Hence, the VA organizations fall short just the same as the VA in and of itself.

Any Veteran has a right to ask for benefits earned by Service. If the VA was doing its job there would be a lot more Veterans collecting the benefits that they earned by sacrifice and service.

The term deadbeat veteran disturbs me.

First point, I agree; however the Va has never seen it that way.

Second point, I agree; no one, especially another veteran, should use this terminology (which is akin to a black person calling another black person the N word, in my opinion).

T.S.