From my good friend Steve Marozsan with a foreword from my good buddy Art Bernklau from the Veterans For Constitutional Law LTD.
JUNE 30, 2000
Stephen S. Marozsan, disabled veteran and patriot submitted the following statement to the South Bend Tribune Newspaper in June of 2000. The chances of this being published by them, or by any other member of the media in the state of Indiana was nil, considering the fact that the National Veterans Service Organizations, to include the American Legion, Disabled American Veterans (DAV), Veterans of Foreign Wars (VFW), AMVETS, and the Military Order of the Purple Heart are in full control of what is printed and what is not printed. Veterans have not only been betrayed by the V.A., the NVSOs, and Congress, but by the entire fifth estate (media) in Indiana, which has chosen to join this conspiracy, and withhold the facts from the public.
This "newspaper" had printed an article on June 1st, 2000, titled "EVERY 18 YEAR OLD SHOULD REGISTER FOR THE DRAFT". Shortly afterwards, the National Veterans Service Organizations and one Vietnam vet amputee, were "pushing hard", together with military recruiters, for our unsuspecting young people to sign for the draft here. This statement by Stephen S. Marozsan should be read by Americans of all ages, who love their country.
Arthur N. Bernklau, Executive Director, Veterans For Constitutional Law, Ltd.
NO DRAFTS WITHOUT FULL CONSTITUTIONAL RESTORATIONS
The unrelenting truths must be told why military recruitment is the lowest today in our nation's history. This story of truths and facts have been compiled and recorded by the author, a WW-II Permanent & Totally Disabled Veteran, who has been "individually unemployable" since 1977 due to an injury to his spine after having served in the Aleutian Island Campaign with the U.S. Navy from 1944 to 1946. I re-enlisted in 1948, and was deactivated after naval hospitalization on Sept. 19, 1949. I was honorably discharged in May of 1950, but never received the discharge papers from the navy, as noted in my naval records.... NO KNOWN ADDRESS ON THE SERVICEMAN??? STRANGELY, THIS VETERAN'S ADDRESS WAS THE SAME AS WHEN HE VOLUNTARILY ENLISTED THE FIRST TIME IN 1943, AND AGAIN IN 1948, BUT THE NAVY COULDN'T FIND ME AT MY HOME, AND THEREFORE, TECHNICALLY I'M STILL IN UNCLE SAM'S NAVY THE AGE OF 74.
This article is submitted in rebuttal to the Tribune's article of June l, 2000 titled. "EVERY 18 YEAR OLD SHOULD REGISTER FOR THE DRAFT".
History teaches us sometimes a bitter lesson as not to repeat our mistakes, but yet, a multitude of this nation's disabled veterans have been deceived and defrauded out of their proper and rightful claims for disability entitlement, after filing their claims.... And cannot obtain any gainful occupation due to the nature of their injuries sustained, while in military service, after either having been drafted or patriotically enlisting for duty, honor, and country during our wars.
Itís a total bewilderment that the editorial staff of the South Bend Tribune could not recollect before writing the article. That those hundreds of thousands of abandoned, disenfranchised veterans were also fathers of families, uncles, grandfathers to another generation. Many whose children were accepted into military service, and sent to serve in the Korean, Vietnam, and the Gulf War, each producing veteranís claims for financial help for their individual type of "INTERNAL CHRONIC LIFE TIME DISABILITIES". Wars do produce many types of injuries. Some involve amputations, after which, there is little physical pain, but can leave the veteran emotionally scarred for life. With the proper prosthesis, many disabled veterans can fulfill their dreams of returning to college and resuming their interrupted careers.
My rebuttal to the Tribune's article is focusing on the vast amount of veterans whose injuries from both boot camp training and combat operations, while serving their country, and sustaining injuries which are chronic in nature for the rest of their lives. We are talking about Gastroenterology, Neurology, the Spine and the Musculoskeletal System, and Cardiovascular System, each producing their own individual secondary disorders, particularly back injuries, which have no prosthesis replacement parts to assist the veteran to be gainfully employed again for the rest of their lives.
What should concern every parent of a young person thinking about registering for the draft or enlisting in the near future is the source of the V.A.'s pathological determinations of degrees of disability, injuries, and diseases, and how they have effected the veterans abilities to engage in any activities, whether it be employment or any other exercises in civilian life. PRESENTLY IN THE V.A.'s CODE OF FEDERAL REGULATIONS (38 C.F.R., SECTIONS 4.71(a), ACUTE, SUB-ACUTE, OR CHRONIC DISEASES, INCLUSIVE TO SECTIONS (b)(c), 4.73 LISTS ALL THE CODE NUMBERS TC THE VETERAN'S DISEASE AND DISORDERS).... THIS HAS NOT BEEN UPDATED SINCE 1945, WHICH MEANS MEDICALLY SPEAKING, EVERY IMAGINABLE TYPE OF INJURY A SOLDIER, SAILOR, OR MARINE CAN BE EXPOSED TO, WITH IT'S CORRESPONDING DISEASE NOMENCLATURE, AND THE TREATMENTS REQUIRED, ARE ARCHAIC, AND DO NOT MEET TODAY'S MEDICAID, EVALUATIONS TO THE DEGREE OF SEVERITY OF THE VETERAN'S IN RELATIONSHIPS TO THEIR CAPABILITIES TO SEEK AND MAINTAIN A LIVELIHOOD FOR THEMSELVES AND THEIR FAMILIES.
Further enlightenment into how our government, through the V.A. compensate those servicemen and women, who are discharged from the armed forces is rarely on the basis of a medical discharge, as the military should really discharge them with A MILITARY PENSION. Instead they are told to file a claim with the V.A. when they get home. This way, nobody in the military, including the Dept. of Defense has to make monetary payments for injuries sustained, and places the whole system into the hands of bureaucratic civil service officers (the V.A.), who are protected by federal laws from any accountability or liabilities for their "discretionary decision making on veteranís claims and entitlement". (See: Marozsan v. U.S., Dept. of the V.A., et.al, 1984 to 1997- Federal Reporter)
In my above federal suit against the Agency, first filed in our Federal District Court, Northern District of Indiana and the 7th Circuit Court of Appeals, through my petition to the United States Supreme Court, the judges all unanimously ruled that all V.A. Officers performing discretionary functions have "ABSOLUTE AND TOTAL IMMUNITY FROM ANY PROSECUTORIAL ACTIONS OR ATTEMPTS THEREOF, FROM VETERANS IN THEIR CLAIMS FOR BENEFITS AND ENTITLEMENT". CONSTITUTIONAL AND CIVIL RIGHTS MUST BE ABROGATED IN ORDER TO SERVE.
WHAT MILLIONS OF ABANDONED AND DISENFRANCHISED DISABLED VETERANS AND THOSE RESTING IN THEIR GRAVES IN THE PACIFIC ISLANDS, EUROPE, KOREA, VIETNAM, OR WHEREVER THEY HAVE COME INTO "HARMíS WAY".... HAVE NEVER BEEN TOLD BY THEIR RECRUITERS OR THEIR SUPERIOR OFFICERS IN THE MILITARY SERVICES, WHAT IS ABOUT TO BE FULLY REVEALED HERE AND NOW.... IF YOU BECOME INJURED IN THE MILITARY SERVICE OR ACQUIRE ANY TYPE OF CHRONIC LIFELONG LASTING DISEASES, WHILE IN HONORABLE SERVICE OF YOUR COUNTRY, AS NOBLE AS THE HUMAN SPIRIT MIGHT BE IN DESIRING TO REGISTER FOR THE DRAFT OR ENLIST, THE YOUNG MEN AND WOMEN, UPON TAKING THE CLASSIFICATION OF VETERANS, AFTER THEIR HONORABLE DISCHARGE, AND FILE CLAIMS FOR INJURIES SUSTAINED WHILE IN ACTIVE SERVICE, ARE QUICKLY AWAKENED TO THE HARD REALITIES THAT THEIR ECONOMICAL FATE IS TOTALLY CONTROLLED BY A RENEGADE QUASI-GOVERNMENT STRUCTURE OUTSIDE THE CHECKS AND BALANCES OF THE U.S. CONSTITUTION, WHOSE PROTECTION THEY FORFEITED, WHEN COMPLYING WITH FEDERAL LAW, REQUIRING THEM TO REGISTER FOR THE MILITARY DRAFT.
Those veterans, who "lucked out" after serving their enlistment, without incurring any physical disabilities, or those whose injuries healed with the passage of time, and were able to resume a normal life, and return to their careers or job without having to go up against the V.A. (those bureaucratic tyrannical despots, whose powers are wielded without any liabilities or accountability, and free from any federal court punishments), are indeed fortunate. This quasi-governmental agency, the V.A. was originally titled the War Risk Insurance Dept. during W.W.I, and re-titled the V.A. from 1919 up until November 18, 1988.
Previously, from 1919 to Nov.l8, 1988, the V.A.'s tribunals consisted of three member Regional Office Adjudicating Hearing Panels, including one rating officer, one retired medical officer, and one attorney. The Washington, D.C.'s Agency Tribunal Officers were made up of six sections with three members in each section. One member conducting the hearing as a judge, with again, one attorney, and one retired military doctor functioning as The Board of Veterans Appeals (BVA). This has now been cut to one and only one rating board member whether your case is being heard at the regional office or at the BVA. When a veteran-claimant is in disagreement with the decisions of the Regional Office he can appeal to SVA. When he is in disagreement with the BVA, he can appeal to the U.S. Court of Appeals for Veteran's Claims (CAVC), the V.A.'s very own "KANGAROO COURT", formerly known as COVA. These personnel in charge of this travesty of justice make decisions, as to granting, or not granting of service connection status, and to rating of the degrees of disability; i.e. 0, 10%, 20%, 30%.... Up in increments to 100. They also make decisions on total unemployability. The ratings most granted are 0, 10, and 20% ($188.00 per month).
The V.A.'s time game system, to include their vile remand games, are played on all levels of adjudication, losing and destruction of veteran's claims files (Ref: Two BVA Attorneys, Mr. Lawrence Gottfried and Ms. Jill Rygwalski, being sent to federal prison to serve 15 month sentences each, for altering and destroying veterans claim's files in order to deny compensation) The system has also been geared to SERVICE CONNECTED CLAIMS being held to a QUOTA OF FOUR PERCENT across the entire country, despite the false figures being quoted by the V.A. and the NVSOs. It gets worse in the V.A.'s poor excuse for a court, the U.S. Court of Appeals for Veterans Claims (CAVC).... After more than 17,000 cases over an eleven-year period, only 119 veterans have clearly won their cases, and out of that meager total, only 18 have seen their money.
According to federal regulations, 100% for disability compensation or for total unemployability is currently paid at $2,153.00, and this rating will be considered to exist when there is present any "Impairment of mind or body, which is sufficient to render it impossible for the average person to follow a substantial gainful occupation, provided that permanent and total disability will exist throughout the life of the disabled person". The Veteran's Appeals Court ruled in Moore v. Derwinski 1 Vet. App. 356 (1991), which the veteran does not have to be a "basket case" for a 100% rating.
The record speaks in this veteran's case, that after 32 years of denying me my service connection status, in lieu of having submitted the affidavits of four (4) direct eye witnessing Naval Station Personnel at the South Bend, Indiana facility, and the U.S. Naval Hospital at Great Lakes, I11. Orthopedic physicians entered into my Naval Records, the following initials DNEPTE.... Meaning "DID NOT EXIST PRIOR TO ENLISTMENT". The Naval Records were crystal clear, with preponderance of LAY WITNESS AFFIDAVITS AND MEDICAL EXAMINATION FINDINGS, PLUS OPERATIONS AND FUSION FOR DEGENERATIVE SPINAL DISC DISEASE ... BUT STILL FOR 32 YEARS, THIS NOW AGED VETERAN OF 74 YEARS, HAD TO FIGHT THE SYSTEM JUST TO HAVE HIS INJURY GRANTED SERVICE CONNECTION IN MAY OF 1980. I, ONCE MORE HAD TO BE EXAMINED AGAIN BY A V.A. GENERAL PRACTITIONER AT THE INDIANAPOLIS V.A. HOSPITAL, WHO MERELY WROTE DOWN MY ANSWERS TO HIS QUESTIONS REGARDING MY SPINAL OPERATIONS, AND FROM A "WASTE BASKET DIAGNOSIS" BASED ON A SIMPLE X-RAY FILM PROCEDURE, THAT REVEALED WHICH LOWER LUMBAR DISC HAD TO BE REMOVED SURGICALLY - (AN INADEQUATE EXAMINATION).
The Regional Rating Officer, without bothering to retrieve all of my V.A. Hospital Records, and disregarding all other private physician statements, and their findings, proving incontrovertibly, my long history of unemployability, had also ignored the evidence of my Social Security Disability Award in May of 1981, as 100% unemployable since 1980 through to the present time (ANOTHER 20 YEARS LATER). Because the Rating Officer refused to consider all of my burdens of proof evidentiary materializes on August 9,1981, and disregarded innumerable federal statutes and regulatory provisions, to arbitrarily, capriciously, and intentionally grant this veteran his pittance of a 20% rating. This rating pays $188.00 per month, but however I have been cumulatively unemployable for 23 years, after having had to undergo a second spinal operation on Feb.l3, 1971. (LET THE EVIDENCES BE DAMNED).
I have researched for 17 out of my 47 years of fighting the V.A., the fact that many combat related veterans fared about 20o better in getting their injuries service connected, with corresponding higher ratings than those of us who were injured during peace time. Although my military records show naval service from 1943 to 1949, with the Aleutian Campaign as a Island Radio Operator for our Combined Military Branches, and beginning of our Pacific Campaign in 1944 through to my first honorable discharge on May 26, 1945.... THE WILLFUL ERRORS COMMITTED BY THE RUBBER STAMPING BOARD OF VETERANS APPEALS PANEL, AND THE OUTRIGHT DELIBERATE CLEAR AND UNMISTAKABLE ERRORS HAVING BEEN COMMITTED TO DECEIVE AND DEFRAUD MYSELF, AND A MULTITUDE OF OTHER VETERAN CLAIMANTS SINCE THE END OF W.W.II, PARTICULARLY AGAINST VETERANS, WHOSE INJURIES WERE CHRONIC AND LIFE LASTING. ABSOLUTELY, NO PROSTHESIS COULD ALLEVIATE FOR EMPLOYABILITY PROVIDES THE UNDER CURRENT AND MOTIVATIONS TO NEVER ALLOW OUR SONS AND DAUGHTERS TO REGISTER FOR THE DRAFT.
Contrary to the falsehoods uttered by our County Service Officer, here in Indiana, that the V.A. has tremendously improved in their adjudicating of veteran's claims for compensatory entitlement since the advent of the new Veteran's Court on Nov. 18, 1988, just 4 months after the 7th Circuit Court En banc remanded my lawsuit against the V.A. on July of 1988. Facts in evidence from many veteran's files being sent to me from around the country, show that because the new Court of Veterans Appeals, was established by our National Veterans Service Organizations, and certain Congressmen friendly to the NVSOs, it purposely limited the "court" only to review Board of Veterans Appeals Decisions, and not where it counts, by dollars in the veteran's pockets. THE MERITS OF THE CASE, AND THE FACTS WOULD NEVER BE REVIEWED. THE V.A. WOULD NEVER HE HELD IN CONTEMPT OF COURT, NOR WOULD SANCTIONS EVER BE CALLED ON THEM NO MATTER WHAT OUTRAGES OR TRANSGRESSIONS THAT THEY COMMITTED. ALSO, REVIEWING THE RATING DECISIONS, AND HOLDING V.A. ADJUDICATORY OFFICERS LIABLE FOR THEIR INTENTIONAL, WILLFUL, AND DELIBERATE DISREGARD OF STATUTES, EVIDENCES, AND REGULATORY PROVISIONS IN DECIDING CASES, AND REVERSAL OF BAD JUDGMENTAL DECISIONS IN CASES ONGOING FOR 30 AND 40 YEARS CLEARLY WAS NOT GOING TO HAPPEN IN THIS POOR EXCUSE FOR A COURT. THE V.A.'s ABOMINABLE REMAND GAME IS BY FAR THE MAJORITY OF THE DECISIONS MADE HERE. THE BOTTOM LINE ON THIS "COURT" IS CLEAR.... ONLY 18 VETERANS IN 11 YEARS OUT OF THOUSANDS OF CLAIMS HAVE SEEN THEIR MONEY. THIS IS ONE "SMOKING GUN" THAT THE V.A. AND ALL THEIR NVSO AND CONGRESSIONAL COHORTS WILL NEVER BE ABLE TO PUT OUT.
This V.A. Rating System, and it's Rating Board Members, who pay each other bonuses under the guise of V.A. Employee and Executive Incentive Programs have been stripping our nation's disabled veterans of millions upon millions dollars worth of compensation money each and every year for decades. They have not only robbed the disabled, unemployable veterans, but between their thievery, and the NVSO's V.A. "FREEBIES", they have robbed the American taxpayers out of billions.
To validate the creditability of this story, all, and any of those veteran cynics in our various veterans service posts throughout Indiana, and the rest of the country have to do is read Chief Judge Frank Q. Nebeker's - STATE OF THE COURT ADDRESS FOR PRESENTATION TO THE U.S. COURT OF VETERANS APPEALS, DATED OCT. l7-18, 1994" AND HIS REPORT AGAIN TO THE HOUSE AND SENATE AFFAIRS COMMITTEES GIVEN IN JANUARY OF 2000, CONFIRMING THE COURT IS NOTHING BUT A PAPER COURT, POWERLESS TO EFFECT CONTROLS OVER THE 52 AGENCIES OF ORIGINAL JURISDICTION (THE V.A. REGIONAL OFFICES). AND POWERLESS TO MAKE THE BOARD OF VETERANS APPEALS ASIDE BY ALL OF THE FEDERAL STATUTES CONTROLLING THE V.A. AND TO MAKE THESE BUREAUCRATS COMPLY WITH THE LAW, OR FACE STIFF JAIL TERMS.
QUOTING CHIEF JUDGE NEBEKER: "NEITHER THE COURT, THROUGH THE BOARD, THE BOARD OF VETERANS APPEALS, NOR THE GENERAL COUNSEL: HAS ANY MEANINGFUL CONTROL OVER THE AGENCIES OF ORIGINAL JURISDICTION (V.A. REGIONAL OFFICES) AND THAT VETERANS HEALTH ADMINISTRATION (VHA) IGNORES SPECIFIC DIRECTIVES TO PROVIDE MEDICAL OPINIONS AS DIRECTED BY.... TITLE 38 AND THE CODE OF FEDERAL REGULATIONS, AND THIS IS CAUSING UNCONSCIONABLE DELAYS OF AT LEAST.... 10 TO 40 YEARS".
To further deceive and defraud the unsuspecting, powerless veterans, the Regional Office Rating Boards dictate what medical findings and reports they want from the V.A.'s examining non-specialist, general practitioner physicians, and yes, even from the V.A. hospitalís specialist physicians in order to justify their arbitrary, capricious, and abuses of discretionary actions in rating of veterans for their degrees of disabilities, with the "GOOD OL BOY'S NETWORK OF FAVORITE VETERAN'S STATUSES FOR THOSE IN LINE FOR FAVORS BY THE NATIONAL VETERANS SERVICE ORGANIZATIONS IN DECIDING PARTICULAR VETERANS CLAIMS". (The granting of 100% ratings to veterans, who were able to retire from private jobs, and were in extreme favor from the DAV, VFW, American legion, and other V.A. cohorts, and whose injuries were, shall we say, of questionable impairment.... and were "pushed through" as part of the ongoing NVSO "GRAVY TRAIN").
In the interim, many thousands of deserving disabled veterans, with chronic life lasting injuries and disorders are denied their benefits, unless they are connected to a Congressman or Senator sitting on the Veteran's Committees in Washington, D.C. or has a friend of theirs in high national leadership of the National Veterans Service Organizations, such as the Disabled American Veterans (DAV), the American Legion, Veterans of Foreign Wars (VFW), AMVETS, or the Military Order of the Purple Heart (MOPH). THIS IS CALLED RIDING THE "GRAVY TRAIN" WITH THE "GOOD OLí BOY'S NETWORK" Meanwhile, the American taxpayer has to pay the bill for this thievery, and the truly disabled veteran never sees the compensation that his injuries should have earned him.
These NVSOs Service Officers are called in by the V.A. on a regular basis to politically pressure our Congressional leaders to negate any votes in favor of decent Veteran legislation, including Judicial Review. These organizations all have their Political Action Committees (PACs) donating thousands of dollars into the Congressmen and Senator's Political Coffers. Meanwhile, in the state of Indiana, we can't get Senator Richard Luger, Congressman Tim Roemer, or any other of our congressmen at least study our documentation and V.A. case file records. It looks like they are all in somebody's pocket.
I ask a question of why haven't our Congressional Veterans Committees, or even our National Veterans Service Organizations had the moral indignation to initiate any Congressional Investigations as to why this nation has over 455,000 veterans from all of our wars, who are "homeless", many of them sleeping in abandoned warehouses, and in cardboard boxes underneath bridges in almost every city??? Why not??? What are the NVSOs, and those on Congressional Veterans Affairs Committees so fearful of finding out???
In closing, I must ask the Tribune's Editorial Staff, who wrote "EVERY 18 YEAR OLD SHOULD REGISTER FOR THE DRAFT", that if they had a son or daughter, who had fallen victim to the broken promises made to these unsuspecting youngsters, that were never meant to be kept, like hospitalization, health care, and compensation, and if they were injured during military service their country, and unable to get any help from the V.A., where would you stand??? And additionally, if your son or daughter had fallen victim to the V.A.'s system of deception, lies, and thievery, and you were so informed, would you be so "quick" to advise other people's children to serve their country, knowing the risk of injury, and the strong possibility of ending up as a physical, mental, and financial liability on you and their other loved ones for the rest of their lives. There is a very strong reason why the "roll models" for these youngsters.... relatives, friends, and veterans, who have served, know the score, and are privy to the "charades" being played by military recruiters, the D.O.D, the V.A., the NVSOs, and, yes, lets not forget Congress, are all, very strongly advising our youth that.... UNLESS THE LAWS ARE DRASTICALLY CHANGED TO REDEFINE VETERANSí BENEFITS AND ENTITLEMENTS, AND MADE TO CONTROL THE TYRANNICAL AND PREDATORY NATURE AND ACTIVITIES OF THE V.A. AND THE NVSOs, MILITARY SERVICE SHOULD BE ONE OPTION OF WHICH I CAN ONLY ADVISE THE YOUTH OF AMERICA ONE THING.... "PASS IT BY".
WAR MONUMENTS ARE FOR OUR DEAD COMRADES, NOT FOR US BELEAGUERED VICTIMS OF THE V.A., AND "VETERANS DAY" IS JUST ONE MORE INSULT TO OUR INTELLIGENCE, AND EXPERIENCES UPON FINDING OUT THAT OUR ENEMY WAS NOT JUST ON FOREIGN SOILS, BUT HERE WITHIN OUR VERY OWN GOVERNMENT, AND THAT, AS VETERANS, WE HAVE NO VISIBLE CONGRESSIONAL REPRESENTATION TO WHERE WE CAN PETITION OUR GRIEVANCES.
The established news media has forgotten the warning from General George Washington. Our nation's first President said to Congress: "The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive veterans of earlier Wars were treated and appreciated". ... George Washington, 1787.
SPECIAL NOTE: The V.A. employs over 1200 attorneys. Where is our level playing field???
Stephen S. Marozsan FIREBASE SOUTH BEND, Indiana
W.W.II & Peace Time Service
U.S. Navy 1943 to 1949
ďThe willingness with which our young people are likely to serve in any War, no matter how justified, shall be directly proportional to how they perceive VETERANS of earlier Wars were treated and appreciated by our NationĒ
- George Washington
Written by Arthur N. Bernklau
Veterans For Constitutional Law, Ltd
112 Jefferson Avenue Port Jefferson, L.I. NY 11777