Veterans And Their Families Are Being Denied Their Constitutional Right To Due Process

Like millions of veterans, I agreed to temporarily set aside my constitutional rights and protections during my enlistment or commission in the military and fall under the Uniform Code of Military Justice (UCMJ). Our constitutional rights and protections were supposed to be restored upon discharge. They were not.

The Department of Veterans Affairs serves as the workers’ compensation provider for the Department of Defense (DoD). During the VA Compensation and Pension (C&P) process, veterans are trapped in a never-ending cycle of administrative hearings where they cannot depose witnesses or subpoena records. Instead, veterans must rely on Freedom of Information Act (FOIA) requests, while the VA is obligated under the Veterans Claims Assistance Act (VCAA) to obtain the necessary evidence for veterans to prevail in their claims for service-connected injuries. Both FOIA and the VCAA depend on the U.S. government to produce this evidence. Unfortunately, the U.S. government has an inherent conflict of interest, and as a result, much of the required evidence is fraudulently altered, falsified, withheld, or destroyed.

Without the ability to file a lawsuit, veterans are denied the means to depose witnesses and subpoena records. Consequently, our First Amendment right to a remedy (i.e., the right of court access (the right to file a lawsuit) and our Fifth Amendment due process right (i.e., fair adjudication of our claims for compensation for injuries) are being violated.

The US Government has implemented a complex web of regulations and laws that are designed to shield itself by preventing discovery (the ability to depose witnesses and subpoena records) to conceal the misdeeds of a few federal employees. For this reason, veterans and their families are being denied the constitutional rights that they were willing to lay down their lives to protect.

The US EPA designated over one hundred thirty military bases as Superfund sites. These bases are some of the most contaminated sites in the US. Over ten million military personnel, spouses, children, and civilian employees worked, lived, and went to school on these contaminated bases. The military personnel were ordered to work on these bases. Low pay, high rent, and limited off-base housing forced many military personnel and their families to work, live, and attend school on these bases.

Because of their repeated and prolonged exposure to the hazardous, toxic, and radioactive materials at these bases, tens of thousands of Americans are sick, dying, or dead. Unfortunately, the average time military personnel are stationed at a base is four to six years. Since they lived at one contaminated base after another, the levels of toxins increased in their systems, often with fatal results, especially for their children and developing fetuses.

The US Government was aware of the contamination at these bases (sometimes for decades). Still, it failed to remediate the contamination or inform those who lived on or near the base of the potential health risks. When the US Government suspected that the water supply and habitable structures were contaminated, they had a moral and legal obligation to test them. If the water supply or any building tested positive for unsafe levels of toxins, the US Government was required by law to replace the water supply, condemn the building, relocate the occupants, and notify the current and former residents about their possible exposures. They did not.

The denial of our 1st and 5th Amendment rights and protections
Our First Amendment right to a Remedy (right of court access, aka right to file a lawsuit) and Fifth Amendment Due Process right (protected property interest and fair adjudication of our claim for medical care and compensation for our injuries) were denied.

The Feres Doctrine
Military personnel injured on active duty are prevented from successfully suing the US Government under the Federal Tort Claims Act (FTCA). Without the ability to file a lawsuit, we are denied the ability to depose witnesses and subpoena records.

Department of Veterans Affairs (VA)
The Department of Veterans Affairs acts as the Workers’ Compensation provider for the DoD. During the VA C&P process, Veterans are locked into a never-ending cycle of VA administrative hearings where they cannot depose witnesses and subpoena records. The veteran must rely on Freedom of Information Act (FOIA) requests, and the VA must obtain the required evidence under the Veterans Claims Assistance Act (VCAA) to prevail in their case for service-connected injuries. FOIA and the VCAA rely on the US Government to produce the evidence. Unfortunately, the US Government has an inherent conflict of interest, and because of this, much of the needed evidence is fraudulently altered, falsified, withheld, and/or destroyed. Without the ability to file a lawsuit, we are denied the ability to depose witnesses and subpoena records.

Sovereign Immunity, Discretionary Function, and the Federal Tort Claims Act (FTCA)
When military personnel’s spouses and children are injured, their only recourse is to sue the US Government under the Federal Tort Claims Act (FTCA.) Unfortunately, the courts must deny their claims, citing the Sovereign Immunity and the discretionary function exception. Without the ability to file a lawsuit, we are denied the ability to depose witnesses and subpoena records.
The DoD could have prevented this environmental and humanitarian disaster if it had complied with the numerous executive orders, laws, and regulations designed to protect the environment, its employees, and their families.

Sovereign Immunity:
Sovereign immunity is a legal doctrine that, in most cases, prohibits private citizens from suing the United States of America without its consent.
The Federal Tort Claims Act contains a discretionary function exception that says the U.S. cannot be held liable for any employee’s failure to exercise or perform a discretionary duty.