VETS WIN LANDMARK DECISION: Due Process Guaranteed for First Time

VETS WIN LANDMARK DECISION: Due Process Guaranteed for First Time
Posted on August 18, 2009 by gordonduff


VA ALTERS MEDICAL RECORDS

IGNORES EVIDENCE/SMACKED DOWN BY FEDERAL COURT

By Michael Leon STAFF WRITER

Editors Note: Must Read!

As the U.S. Dept of Veterans Affairs (DVA) has become infamous for its culture of denial of veterans' claims, a potentially landmark decision may signal an end to this bureaucratic phenomenon that has caused veterans' advocates to shake their heads in disbelief for decades.

Signaling a judicial mandate that U.S. governmental agencies follow the law, a top federal appellate court has ruled the Court of Appeals for Veterans Claims (CAVC) and the Dept of Veterans Affairs (DVA) violated the due process rights of a Vietnam War Marine veteran in wrongfully deciding his disability case.

The case, Cushman v. Shinseki (No. 08-7129), rules that this Marine veteran like other Americans is entitled to a fair hearing in administrative law courts such as the Court of Appeals for Veterans Claims (CAVC).

"The Due Process Clause of the Fifth Amendment guarantees that an individual will not be deprived of life, liberty, or property without due process of law. [U.S. Const. amend. V.] Due process of law has been interpreted to include notice and a fair opportunity to be heard," ruled the Court
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Due Process Guaranteed for First Time