Based on that, it would appear that since the original claim, and review by the BVA are not federal courts, but bureaucratic functions of the VA that any claim by the ABA about denial of basic legal procedures (as used in court cases) does not apply, until the appeal reaches the level of CAVC, which is a court. Based on the information posted, it appears that
Quote:
1) Cannot pay a lawyer any sum whatsoever for legal assistance on claims filed with the agency of original jurisdiction until after the case is lost and a final administrative determination has been made (a process that can take years)
2) Must face VA adjudicators who act as both trier of opposition and fact (essentially, it would be like having the judge and the prosecutor be the same person in a criminal trial)
3) Cannot subpoena any VA employee to testify in order to support a challenge to diagnosis
4) Have no redress for denials of medical care or treatment
In addition, veterans may not use class action procedures or obtain injunctive relief against the VA and the U.S. Court of Appeals for Veterans Claims lacks the ability to enforce any decisions at the Regional Office level.
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1) seems to be a red herring, as until a claim is denied, and goes past internal VA review, there is no legal case. So, arguing that you cannot pay a lawyer for legal help is a misleading statment, because until final BVA review, you do not have a case, only a disputed claim.
2) This also appears to be a misleading statement, although true enough on the face of it. The VA adjudicator is the ruling authority, just as an arbitrator is binding authority for settling many forms of dispute, short of going to court. Saying they would be both the judge and prosecutor is technically correct, but leaves out the small fact that they are also the defense advocate at the same time.
3) Again, I wonder about this one. While I am no expert, I would think that the rules of law to subpoena witnesses would apply
when you go to court. But not until then. And BVA review hearing are not court, they are administrative functions of the VA.
4) Total BS, as Fremmer's research shows, there is a clear process for redress of grievances.
As for the last statement, I do not know if it is true or not, but given the issues I have with the previous statements, I would think that there is something there that is not entirely accurate. Factual perhaps, but I doubt complete accuracy. I could be wrong, while I am a veteran, I have never had any dealing with the VA, and can claim no special expertise or experience in this matter. Only that it seems to me that the ABA aricle is heavily slanted to encourage a particular conclusion.
Veterans do deserve better than they generally get, especially from the VA. But it is Congress who has the authority to make the rules and provide the resources for the VA, and personally, I believe that complaints about the system should be directed to them. They can change any and all of it with the stroke of a pen and a vote. That so many vets have so much trouble with the VA (particularly the medical side of it) is the fault of Congress, for not seeing the job done properly, and sadly, our fault as well, for not making Congress do the job we want done.
The next time someone tells you how good it would be to have govt run health care, remind them that is what the VA hospitals are.