PLEASE HELP US we need assistant URGENT
Veteran Jose A. XXXX XXXXX
Claim Number removed for privacy
His file should be in VARO Houston.
Reference: Concern about the absence of response to call for justice from VARO Puerto Rico who covered a fault with a lie and replaced a spot with a hole when curtailed my husband compensation from 100% to 50% in 1989 with a false document to convince that what is been presented is factual.
Reference: Now, after many years of legal battle, finally my husband get New and Material Evidence to proved his case. This evidence was submitted together with his Appeal and sealed as received on August 2, 2010. Now VARO Puerto Rico says that they don’t have in the record his Appeal because they know that the due process provisions of the Constitution were NOT applied in the withdrawal of benefits on my husband case. Moreover, VARO Puerto says that his File is in VARO Houston. As civilized person I think that there are powerful forces that seek to avoid learning the truth about my husband case. That the reason never replies our letters.
On March 10, 1988, the Adjudication officer from VARO Puerto Rico Maritza *****, admitted and state that she received from the Loan Guaranty Division a sworn statement about veteran’s XXXX all kind of business. This event occurred four months before his Permanent in Nature with 20 years with his BENEFITS. With that false document The Field Examiner makes his report. With that false document Dr. Myriam ^^^^^ makes his report. With that false document the RO makes his report. With that false document the BVA makes his decision and with that false document VARO, not only curtailed HIS benefits, they also curtailed his life.
THE NEW AND MATERIAL EVIDENCE
The main error of fact of law was that the withdrawer was made on the basis of a false statement. The adjudication officer Maritza Ramos, the RO and the Board used a statement, alleged submitted by The Loan Guaranty Division to render a decision to curtailed my husband compensation. I explain:
After long legal fight. On 2001 veteran ****filed a complaint in the United States District Court for the District of Puerto Rico. Case numbers XXXXXX **** v. United States of America. On 3/14/03 veteran ***** filed a Motion to request from the Loan Guaranty Division the original sworn statement the centerpiece of this controversy mentioned by VARO. The Court grants the Motion and ordered to produce the original sworn statement on which the actions of defendants were allegedly predicated forthwith or show cause for their failure to do so. On April 25, 2003, this time the parties requested that the Court once again issue an order compelling the United States to produce veteran’s Deynes original file at the Loan Guaranty Division of the veteran’s Administration. In other words, not only the original sworn statement, but the complete file. This case was closed for jurisdiction but he get what he want, the Certification from the Loan Guaranty Division.
On May, 15, 2003, the United States of America filed a Motion in compliance with order and together with that order a CERTIFICATION from the Loan Guaranty Division who certified the follows: “This is to certify that I am the Loan Guaranty Officer for the San Juan VA Regional Office. I have made a diligent search of Loan Guaranty records and other VA data bases for any information concerning loan data in the subject veteran’s record”. “No loan record or reference of any kind could be found.
There is no record whatsoever of veteran ***** at the Loan Guaranty Division. Them, who submitted the illegal statement where all decisions were made to order?. VARO Puerto Rico, the RO, The BVA always maintained that those documents were submitted by the Loan Guaranty Division. Now the Loan Guaranty Division certifies that veteran’s *****don’t even have A FILE on say department. So, in this case the termination was unquestionably erroneous because actual employability had not been established by clear and convincing evidence. At the time the decision was made, there was NO evidence showing the veteran was employed and NO clear and convincing evidence of unemployables with which legally terminate the veteran’s benefit. Even assuming that the basis of the VA’s withdrawal were not the illegal work possible environment THEORY, and was some other more legally palatable THEORY, it remains clear that the due process provisions of the Constitution were NOT applied in the withdrawal of benefits in this case.
THE COVER-UP OF TRUT
I think plenty of reasons had for doctrinal and constitutional legal nature to estimate that, for a situation such I described, we respectfully request the following: a request for investigation on veteran ****case. I explain First, because my husband is from Puerto Rico and he gave his life for your country. Second, on August 2, 2010 two days before coming to live with me in Colombia, he submitted his APPEAL with his New and Material Evidence and all document mentioned. Copy of his Appeal was sealed as received on August 2, 2010 by VARO Puerto Rico. Copy on our file. Now VARO Puerto Rico says that the record do not reflect an appeal received on August 2, 2010 along with all the EVIDENCE submitted including the submission of his PHD in Colombia. My God where its justice. The incredible is that my husband never received a letter from VARO P.R. saying that they received his appeal or to say thanks for serving our country. That’s the reason why VARO Puerto Rico disappeared his APPEAL along with all the evidence because they know that they committed and injustice to my husband in use a false document that does not exist or was made to cut his compensation from 100% to 50% in 1989.
VARO PUERTO SAYS THEY SEND MY HUSBAND FILE TO VARO HOUSTON ABOUT A YEAR AGO. VARO HOUSTON SAYS THEY DON’T HAVE MY HUSBAND FILE. SO, WHERE IS HIS FILE?
Please SOMEONE tell me what we should do. We need assistant urgent. God bless you.
Dr. Myriam &&&&&
Veteran ***** wife