Monday, March 30, 2020

Veteran: First Principles of Veteran Benefits

Veteran: First Principles of Veteran Benefits

Anytime an area of interest transforms into another area of interest, the process of transformation requires three steps. The first step is accepting the original area of interest, the last step is generating the intended area of interest. In between are the transformation rules. The rules act as a catalyst where the meaning of the original can become intended. The process of information transformation happens everywhere.

As you read these words, the eyes scan the symbols and transform the words into thought. In between are the multiple transforms where each transformation rules contribute to the eventual intended area of interest. In arithmetic, the predicates, add, subtract, equal are the rules for transforming numerical values. First-principles is another name for the intermediate rules. Each principle is a valid test for both the original and the intended area of interest.   

For veterans' benefits, the Law is the original area of interest with the statutes contained in US Code Title 38, Veterans' Benefits.  In most cases, the intended area of interest is the Title 38 Code of Federal Regulations Veterans' Benefit used to define the business practices of the  Department of Veteran Affairs (VA).  Title 38 also establishes the United States Court of Appeals for Veterans Claims (CAVC) with statues from 38 U.S.C.  7251–7299. The Department of Veteran Affairs operates as an Executive Department of the United States President.  The Court of Appeals for Veterans Claims operates as a Federal Court, not as part of the VA.

The CAVC charter is Title 38 Statues. The Count has intermediate rules that are the principle to transform the Statues into the Count's judicial practicesThe VA creates the regulations without intermediate rules where the regulation is in the VA's business interest  Therefore, the regulation may not be in the veteran's interest.  

The First Principles (or Rules)

This is my proposed list of the missing first principles. The list begins with the missing definition for Title 38.  

  1. Title 38 USC Veterans' Benefits is Congress's lifetime wellness grant of benefits to each honorably discharged veteran for the veteran's national service with the Department of Defense. 
  2. Title 38 statutes define the grant's services.
  3. Congress allocates funds from the Federal Budget to pay the fees for the services.
  4. A veteran's benefit is the paid fee for a Title 38 service.
  5. By Law, the veteran owns all benefits.
  6. The DVA and the Court of Appeals for Veterans Claims are Title 38 services.
  7. Veteran disability compensation is a Title 38 service.
  8. The DVA is an agent of Congress to administer the Budget's allocation and to provide Title 38 services.
  9. Title 38 is a set of business rules for Title 38 payouts.
  10. Once a veteran always a veteran.
  11. To receive Title 38 services, the veteran must register as a client with DVA.
  12. The DVA is not a veteran, therefore the DVA cannot own benefits. 
  13. The DVA is an agency, not a club, veterans are clients, not members.
  14. In all agreements between the veteran and the DVA, the veteran is always the first party principal. 
  15. For veteran's medical treatments at a community provider, the DVA establishes an expressed agency with the provider thereby the medical expense is the same as if the treatment occurred at a DVA facility. 
  16. A medical expense is a fee for medical service.
  17. A treatment for an episode-of-care may include one or more medical expenses. Medical trauma may include one or more episodes-of-care. 
  18. The purpose of insurance is to reduce the insured liability. The payout from the insurer is the insured's property.
  19. An insurance company may act as the insured's agent to make claim payments. The payment is exactly the same as if the insured paid the claim.
  20. The Goodwill Grant is the veteran's volunteered permission given to the DVA to used the veteran's private insurance for cost recovery at a DVA faculty. The grant permits the DVA to be a principal to make cost recovery claims with the insurer. 
  21. The DVA has a fiduciary trust responsibility to use the Goodwill Grant's private information only within the DVA and not with any DVA's agents. 
  22. The DVA may assist Congress in determining a veteran's eligibility for a particular service, once eligible, the DVA cannot deny the service as a veteran's benefit.
  23. All veterans at the time of active duty discharge are eligible for Title 38 benefits and may register with the DVA for Title 38 services.
  24. The DVA cannot deny an honorably discharged as a client.
  25. The veteran has the responsibility to use Title 38 services for the veteran's wellness.      
The First Test of a Regulation

For a regulation to be valid, the regulation must pass the Title's wellness test (Rule 1).

Does the regulation provide for the wellness of the veteran?

If the regulation does not pass the test, the regulation fails the purpose of Title 38 and therefore the regulation does is not comply with the Law. While the DVA is a business operation, the DVA must conduct its operations as an agent of Congress. Rule 1 states the purpose of Title 38 is to provide services for veteran's wellness. Rule 1 applies to the DVA. 


                                    

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