Despite the efforts of some, in 2009 it is fifteen (15) years later without the U.S. Congress’s then known DOD violations corrected; REFERENCES [3] thru [7]: A. In Sept. 1994 there was the U.S. General Accounting Office (GAO) Military “Human Experimentation” “Testimony” on injured DOD personnel.[3] B. In Oct. 1994 the Chief Judge of Congress’s 1988 established inferior U.S. Court of Veterans Appeals stated that the, “Constitution, statutes and regulations” are “policy freely ignored” by both the Secretary of the Department of Veterans Affairs (DVA) and “The Veterans Health Administration” (VHA). Also there is the, “The” Veterans Appeals “court may not review the schedule of ratings for disabilities or the policies underlying the schedule.”[4] That is the herein “STATE OF COURT” transcript PARAGRAPH 9 with Congress’s law of the land, no allowed Court review U.S. CODE, TITLE 38, SECTIONS (§) 511 and § 7252. Decisions of the Secretary; finality; [5] & [6]. and C. The 54 page Dec. 94 U.S. Senate’s “hundreds of thousands” of military guinea pigs acknowledgment plus its, “The Feres Doctrine should not be applied for military personnel who are harmed by inappropriate human experimentation when informed consent has not been given.”[7] The established DOD experimentation caused issues can not be addressed by COVA or by any other U.S. Court! Accordingly, do not these DOD & DVA violations now continue?

REFERENCES (Emphasis added throughout) with comments:

[1] The U.S. Supreme Court decided in 1950, in Feres v. United States, 340 U.S. 135, 71 S. Ct. 153, 95 L. Ed. 152, that the federal government could not be held liable under the statute known as the Federal Tort Claims Act (28 U.S.C.A. Sections 1291, 1346(b), (c), 1402(b), 2401(b), 2402, 2671-80) for injuries to members of the armed forces arising from activities incident to military service. A doctrine that bars claims against the federal by members of the armed forces and their families for injuries arising from or in the course of activities incident to military service. Sourse:
FeresDoctrine

[2] 26 February 1953, DOD Secretary’s NO non-consensual, human experiment’s Memo. Pages 343-345 of “The Nazi Doctors and the Nuremberg Code; Human Rights in Human Experimentation” by George J. Annas and Michael A. Grodin. (Oxford University Press, 1992).

[3] September 28, 1994 U.S. General Accounting Office (GAO) Military “Human Experimentation” “Testimony”. GAO/T-NSIAD-94-266

[4] “STATE OF COURT, CHIEF JUDGE FRANK Q. NEBEKER, STATE OF THE COURT, FOR PRESENTATION TO THE UNITED STATES COURT OF VETERANS APPEALS THIRD JUDICIAL CONFERENCE, OCTOBER 17-18, 1994 {as it appears in Veterans Appeals Reporter}”

——————–PARAGRAPH 9 of 16 in “STATE OF COURT” TRANSCRIPT records DVA laymen ignoring medical opinion without veteran recourse.—————————–

“I believe my message is clear. There is, I suggest, no system with judicial review which has within it a component part free to function in its own way, in its own time and with one message to those it disappoints — take an appeal. That is, I am afraid, what we have today in many of the Department’s Agencies of Original Jurisdiction — that is AOJs — around the country. Neither the Court, through the Board, the Board, nor the General Counsel has direct and meaningful control over the Agencies of Original Jurisdiction. Indeed, it is also clear that the VHA — the Veterans Health Administration — ignores specific directives to provide medical opinions as directed. And this is resulting in unconscionable delays. Let us examine judicial review. Remember, the Court and the Board do not make policy, the Secretary and Congress do. The Court simply identifies error made below by a failure to adhere, in individual cases, to the Constitution, statutes, and regulations which themselves reflect policy — policy freely ignored by many initial adjudicators whose attitude is, “I haven’t been told by my boss to change. If you don’t like it — appeal it.” The complete 16 paragraph “STATE OF COURT” transcript is available on request. Previously at, and now missing from the Chief Judges and state_of_court sites: http://www.goodnet.com/~heads/nebeker & http://www.firebase.net/state_of_court_brief.htm The legal-dictionary source “http://legal-dictionary.thefreedictionary.com/federal+court”>Federal Courts notes in part: “The court may not review the schedule of ratings for disabilities or the policies underlying the schedule.”

The top medically ignorant “boss” is Congress’s confirmed “Secretary” of the DVA.

AND THE CONGRESS’S “policy freely ignored” UNITED STATES CODE law of the land, take away from Veterans:

[5] UNITED STATES CODE, TITLE 38 > PART I > CHAPTER 5 > SUBCHAPTER I > § 511. Decisions of the Secretary; finality
http://www.law.cornell.edu/uscode/html/usc…11—-000-.html

“(a) 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. Subject to subsection (b), 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.”

THEREFORE, NO COURT REVIEW OF THE MEDICALLY UNTRAINED DVA laymen and “Secretary” “schedule of ratings for disabilities” decisions as proven by:

[6] UNITED STATES CODE, TITLE 38 PART V > CHAPTER 72 > SUBCHAPTER I > § 7252. Jurisdiction; finality of decisions

“(b) Review in the Court shall be on the record of proceedings before the Secretary and the Board. The extent of the review shall be limited to the scope provided in section 7261 of this title. THE COURT MAY NOT REVIEW THE SCHEDULE OF RATINGS FOR DISABILITIES adopted under section 1155 of this title or any action of the Secretary in adopting or revising that schedule.”

[7] December 8, 1994 REPORT 103-97 “Is Military Research Hazardous to Veterans’ Health? Lessons Spanning Half a Century.” Hearings Before the U.S. Senate Committee on Veterans’ Affairs, 103rd Congress 2nd Session. With NOTES 1 to 170.

Yes the two or so year old Texas litigation reform, is similar to what I propose and it is apparently working, contrary to your website.

The goal of the loser pays everything is to prevent frivolous lawsuits, as you probably know. The caps allow reasonable litigation while preventing runaway judgements and keeps the attorneys, like John Edwards, from becoming rich on the backs of plantiffs and defendants in malpractice suits. A good case will have no problem getting an attorney to work the case, regardless of caps.

The actual amopunt of the cap and the escalation of the cap can be worked out with appropriate participants in each state’s bill preparation process. We disagree.

When the cost of litigation goes up how do these caps change.

“Cap or eliminate punitive damages.”

So that companies that are truly negligent can have immunity. Do we send executives to jail.

“Make the loser pay all court costs and attorney fees.”

When you talk about “loser” are you talking about lawyers or the plaintiffs. So in this case the only people that will be able to use the system will be those that have money.

Do not losers pay already. If a trial lawyer loses he is out of money because he does not collect.

People need to be careful or there rights will be taken away as mine have with the Reigel v. Medtronic ruling by the Supreme Court in 2008. I queston Republicans and tort reform because they will not support the passing of the Medical Device Safety Act of 2009 restoring the rights of the state courts. If they were sincere about controlling tort costs and protecting my rights as a citizen against corporate power and politics I would expect them to support this bill.

All I want is my day in court. That is all I ask for my sixteen year old son. I want to the ability to discover the truth. If he was killed by his medical device or if there was any fraud or negligence in the manufacture of that device. Is that to much to ask.

robertsfight.com

The dark clouds of Nazi Germany in the thirties are beginning to fill the halls of our congress and political leadership. All Democrats can’t be that blind to what’s happening. Or is it the fear of the leader taking revenge on those that won’t agree with his policies. Is it the fear of losing their posh political ambitions that keeps them from speaking out against the narcissistic tyrant.

All but a faint few of the print and tv media have now succumbed and fallen behind him like the Pied Piper. It’s only a matter of time now before he brings his domestic, civilian security forces all propagandized and ready to do his bidding. Then he’ll ask for a third term or maybe we’ll just crown him and make him king.

Does any of this sound familiar to any of you out there? If it doesn’t,then you must among the majority of younger people that were dumbed down in school or just missed that day history was being taught. But then again, I’m only a misguided, history taught, viet vet, blue collar, FOX Network watcher.

The very people who have kept this nation safe since that attack are being accused of inhumane treatment and yet groups like acorn are roaming free to commit unspeakable acts of treachery and crime against this nation, crimes that can and will lead to the downfall of everything this nation has represented.

Someone once said there is no such thing as too much freedom. Well,this is what too much freedom does. Our young people today have not been taught history.The young adults of today believe that freedom and democracy are a natural occurance and can never be lost.They don’t know or understand how much blood has been shed to get to where we are now.

I’m afraid to say that they will soon learn what it’s like if this administration is allowed to continue unabated. Obama represents an idiology that is completely contrary to the foundation this nation was built. Yes we need change but not the Acorn or Obama way.

The Obama plan is to punish the 85% who have worked hard to purchase or be provided insurance through their work for the 15% that either can’t work or will not work.
None of this includes those retirees who have done their bit to keep America strong. These people will continue to receive medicare plus protection from discriminating against various types of diseases.

This isn’t very hard to do and would be much much cheaper for all of us. BUT something like this is not what Mr. Obama is looking for. His agenda is downright socialism in it’s worst form to be aligned with many other of his plans such as CAP and TRADE which will bring us down eventually to a third world nation.