Jim Hayden
on September 19, 2022
7 views
Here's the kicker that the Department of Veterans Affairs DOES NOT want you to know.
38 U.S. Code § 1111 - Presumption of sound condition
For the purposes of section 1110 of this title, every veteran shall be taken to have been in sound condition when examined, accepted, and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance, and enrollment, or where clear and unmistakable evidence demonstrates that the injury or disease existed before acceptance and enrollment and was not aggravated by such service.
38 U.S. Code § 1110 - Basic entitlement
For disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, air, or space service, during a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veteran’s own willful misconduct or abuse of alcohol or drugs.
That is what the Law dictates.
Now here is the Catch 22.
38 U.S. Code § 511 - Decisions of the Secretary; finality
The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. The decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise.
Under Section 511 it is at the Secretary's discretion whether or not he or she will grant benefits and to what extent those benefits are to be administered.
These people have been playing Russian roulette with our lives in the hopes that we die before they are forced to grant us our just Service-Connected Disability compensation.
When the Veteran dies so to does his claim.
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