Military Veterans' Lawyer Blog

An issue that comes up, unfortunately way too frequently, is a veteran's records were destroyed in 1973 at the St. Louis fire at the National Personnel Records Center. For information on how to contact the National Personnel Records Center see my link under my Helpful Resources and National Personnel Records Center, St. Louis at the bottom of this page http://www.attorneyforveterans.com/lawyer-attorney-1324329.html

VA Regional Offices often deny a claim based upon "They (VA) could not obtain the records, and they were destroyed in a Fire at the NPRC." Then the next 7 states that it is the veteran's responsibility to obtain the records. One of the requirements to obtain a VA disability rating is to provide evidence that a disease, injury, or event occurred in service creating a disability that continues to this day.

Continue reading " Fire Destroyed Records - - What to do? " »

The United States Court of Appeals for the 9th Circuit, in case number 08-16728 found for the Veterans (VCS, a second veterans group, and veterans) and concluded:

CONCLUSION

The United States Constitution confers upon veterans and their surviving relatives a right to the effective provisions of mental health care and to the just and timely adjudication of their claims for health care and service-connected death and disability benefits. Although the terms of the Administrative Procedure Act preclude Veterans from obtaining relief in our court for their statutory claims, their entitlement to the provisions of health care and to veterans’ benefits are property interest protected by the Due Process Clause of the 5th Amendment. The deprivation of those property interests by delaying their provisions, without justification and without any procedure to expedite, violates veterans’ constitutional rights. Because neither Congress nor the Executive has corrected the behavior that yields these constitutional violations, the courts must provide the plaintiff with a remedy. We therefore remand this case to the District Court with the instruction that, unless the parties resolve this dispute first, it enter an order consistent with this opinion.

AFFIRMED in part, REVERSED in part, and REMANDED.

The actual implementation of this decision is yet to be determined. The Secretary (VA) has several options, for instance; 1. Seek an En Banc decision; 2. Request a stay of the proceedings while seeking Certiorari with the Supreme Court of the United States.

May 1st, 2011, is a great day for America.

Congratulations and thanks must go to the United States military, Defense Department, and all intelligence agencies responsible for killing Osama bin Laden.

Since August 1990, American troops have been protecting the United States of America and millions of foreign citizens in the Middle East and across the world against unprovoked aggression.

I want to thank the hundreds of thousands of men and women who have served as airmen, soldiers, marines, sailors, and Coast Guard men and women in the United States military supporting Operation Desert Shield/Storm to the present. Your sacrifices have been tremendous, and are truly appreciated each and every day. Your sacrifice, teamwork, and effort resulted in Justice after 9 years, 7 months and 20 days.

You are in the prayers of the Law Office of Robert B. Goss http://www.attorneyforveterans.com/, and all of us thank you very much. Praying that all of you who are deployed return safely.

Thank you for bringing Justice to this terrorist. Thank you for your service.