By: Tom DotyTimes Columnist
June 13, 2013
There has been much talk in the news about abuse of power by the IRS, State Department, the NSA and those in positions to abuse power. Welcome to the real world.
Another government agency that has stepped across the line and deliberately abused the power entrusted to it is the Department of Veterans Affairs.
Veterans have fought and sacrificed so much to preserve and protect our country and our freedom. Now, the VA has written a regulation that has litereally stripped freedom from disabled veterans, and Congress has sat on their rear ends and allowed this abuse of power to continue.
Disabled veterans should be allowed to have a medical examination to evaluate their disabilities, to determine service connection and their level of disability. That’s just common sense, right? Wrong, according to this refulation (38 CFR 20.1403, written by the VA) , “Failure in the duty to assist (provide a medical examination, collect and consider medical history) is not a clear and unmistakable error.”
Therefore, the VA will not consider this evidence when the VA fails to give disabled veterans a medical examination to clear and unmistakable error claims. The Constitution guarantees all citizens a fair and impartial due process of law. That should mean that disabled veterans should have the constitutional right to have this evidence considered when the VA fails to give veterans a medical examination. That is abuse of power, and abuse of those that have fought to preserve and protect this country and our basic freedoms.
This malicious act by the VA was designed for one purpose, and that is to defraud disabled veterans the right to disability benefits they would otherwise be entitled to. This abuse of power by the VA has gone on much too long.
Even those convicted of murder have the right to introduce evidence favorable to their case to prove that an error occurred when they were convicted. This regulation, written by the VA, denies disabled veterans the right to have this evidence considered when the VA fails to give them a medical examination. If that isn’t oppression of freedom and tyranny, then what it?