Civil Rights Violations against Veterans
On November 18, 1988, President Ronald Reagan signed into law the Veterans’ Judicial Review Act (Pub. L. No. 100-687), which established as a court of record the United States Court of Veterans Appeals. Pursuant to the Veterans Programs Enhancement Act of 1988 (Pub. L. No. 105-368) and effective March 1, 1999, the Court’s name was changed to the United States Court of Appeals for Veterans Claims (CAVC). As a court of record, the court is part of the United States Judiciary and not part of the Department of Veterans Affairs (VA). Which the (CAVC) has jurisdiction to over turn wrong decisions by the (VA).
Therefore I know for a fact that there are many Veterans with VA claims, which thought at some time or another things were going to get better because of the (CAVC). But it just has not turned out the way for a lot of us Veterans. I thought for sure things would get better once I appealed to the (CAVC). The (CAVC) would fix the wrongs that happened at both the (VARO NYC) and (BVA), such as my original claim file being lost/destroyed around 1995. Well the (CAVC) decided to turn a blind eye, allowing deprivation of my due process and civil rights to continue. So I appealed to the (CAVC).
On September 4, 2004, I appealed my case to the United States Court of Appeals for Veterans Claims (CAVC). On August 29, 2005, my former attorney issued a Joint Motion To Vacate And To Remand. Part of our Motion was that both the (VARO NYC) and (BVA) did some things wrong and one of them was they did not handle the lost/destruction of my original claim file according to the 38 U.S.C. § 5103(a)(b)(2) and (38 C.F.R. § 3.159(E).
On September 14, 2005, the (CAVC) issued a remand order to the (BVA), which one of their instructions was that they locate my original claim file. On December 8, 2005, the (BVA) remanded my appeal back to the (VARO NYC) with the same instructions. Six years later things had got worst because both the (BVA) and (AVRO NYC) continuously remanded my appeal back and forth without following the (CAVC) remand order instructions.
On February 9, 2011, the United States Court of Appeals for Veterans Claims (CAVC) received my Petition. Which I submitted evidence to the (CAVC) of criminal activity by employees working in the (VA). Which the (CAVC) continued to turn a blind eye and allow the criminal acts to go on, and on, and on, again and again. The evidence I submitted to the (CAVC) was overwhelming in any U.S. Federal Court.
On October 12, 2012, the (CAVC) issued an order, which reads as: “the time for reconsideration , review, or appeal of the Court’s decision has expired. That decision is final and is not subject to further review. Under Rule 41(a) of the Court’s Rules of Practice and Procedure, mandate is effective October 11, 2012.”
It is at this time I realized that the United States Court of Appeals for Veterans Claims (CAVC) was not going to hold the (VA) employees accountable for the crimes they were committing. I began to understand that the U.S. Federal Court system was not a friendly place for Veterans.
Veterans we must continue to fight for our DUE PROCESS AND CIVIL RIGHTS. We must stand up and take on the (VA) system by using CIVIL RIGHTS LAWS and 38 U.S.C., and the Administrative Procedure Act to protect our rights to procedural due process. President Reagan put the (CAVC) in place to protect all Veterans rights, so we must continue to use it to our benefit. Veterans we have to educate ourselves for legal battle in the U.S. Federal Court system. We have to stay in the fight for benefits because we’re entitled to them. It is our property right, under the 5th Amendment of the U.S. Constitution.
On May 2, 2013, I again petitioned the United States Court of Appeals for Veterans Claims (CAVC), by submitting to the (CAVC) my current attorneys letters as evidence. Evidence the (VA) COMMITTED FRAUD and also evidence that showed the (VA) was hindering my case, which caused my case not to be able to exhaust its administrative remedies. Also that the (VA) was (8) years in Contempt of Court Order, which the (CAVC) issued on September 14, 2005. Now my case is back in the (CAVC) system.
I am also a litigant in a Veterans Civil Rights Class Action Lawsuit against the U.S. Government, U.S. Department of Veterans Affairs and Eric Shinseki Secretary of Veterans Affairs.
Chauncey L. Robinson
571-225-4988
pointman1960@icloud.com
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