Federal Circuit Gives Vet a Second Chance

The Federal Circuit recently decided the case of Cushman v. Shinseki and reversed the Court of Appeals for Veterans Claims.  Seems the VA improperly "modified" the mans medical record with false or inaccurate entries that caused the VA to deny his claim for unemployability (TDIU).

Back in the 70s the medical personnel or staff changed his medical record that was later used in deciding the claim.  He has severe back problems and had been rated 60% the highest allowed by the DVB.

The claim was heard based upon denial of Constitutional rights: the right of Due Process.  This is a unique petition of first impression.  The VA argued up and down that the mans rights were not violated and that he was not entitled to a rehearing.  Earlier in the case the VA requested that a negotiated settlement be granted which the court okay-ed.  But the settlement was never completed satisfactorily.

So now, the Court has granted the Vet a rehearing with orders to review the claim at the Board of Veterans Appeals or Regional Office (we shall see where exactly it goes) using the unaltered and proper medical record as the source of the claim for unemployability.  The main issue is the correct starting date for his claim as TDUI was finally granted in the 90's.

Now would be a good time for the VA to give the man a break and give him his proper due.
It is a shame that our good Veteran was not given the proper respect (even if the VA was correct using the correct medical evidence) for all this time.  I say he has earned it, how about you?