VA Must Support and Defend the First Amendment!

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The Issue

All Department of Veterans Affairs personnel took an oath of office to support and defend the Constitution of the United States, but they do not support and defend the First Amendment!

The VA illegally abridges and infringes upon patients' First Amendment freedoms of speech and petition to silence dissenting opinions from the veterans and other beneficiaries it claims to serve!

VA Senior Leaders and VA Employees retaliate against veterans who do not submit to their personal biases and unlawful conduct!

38 CFR 17​.​107 "VA Response to Disruptive Behavior" abridges and infringes on freedom of speech and petition by permitting VHA medical personnel to define free speech and petition as disruptive behavior to circumvent the First Amendment, Federal Law and VA Rules.  https://c.org/dmftgqW7Mk​

VA Online Services Terms of Use abridges and infringes on the freedom of speech and petition by limiting messaging frequency, recipients, subjects, and vocabulary to "as we determine using our discretion".

Unauthorized or prohibited use includes these actions:

  • Using messaging to promote your personal agenda, for solicitation, to transmit prohibited material, or for disruptive and/or threatening behavior.
  • You may use messaging only to communicate with your VA health care team about your health care and VA benefits and services, and with VA staff about your privacy rights.
  • Transmitting material that is excessive, illegal, offensive, intimidating, harmful, or threatening to any person (including VA staff) or entity as we determine using our discretion.

VA Secretary Doug Collins refuses to receive, consider, and respond to:

Petitions for Rulemaking: An Overview​

VA Administrations and Offices including OAWP​,  OGC​, OIG​, ORM​, ORPM, and VEO refuse to provide advocacy or assistance of any kind. 

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." First Amendment.

"Each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule."  5 USC 533(e).

"Each guidance document must clearly and prominently state that it does not bind the public." 38 CFR 5.15(a).

"A member of the public wishing to petition for withdrawal or modification of a guidance document may submit such petition via email to: OEIDMO@va.gov. VA will provide a response to a petition within 90 days of receipt of the request." 38 CFR 5.20(a).

"The agency shall take appropriate steps to ensure effective communication with applicants, participants, personnel of other Federal entities, and members of the public." 38 CFR 15.160(a).

"Patient grievances. Each patient has the right to present any matter to staff members at the facility in which the patient is receiving care and other VA officials without fear of reprisal." 38 CFR 17.33(g).

"Other rights. The rights described in this section are in addition to and not in derogation of any statutory, constitutional or other legal rights." 38 CFR 17.33(i).

"Agencies may impose legally binding requirements on the public only through regulations." Executive Order 13891.

"It is the policy of the United States to ensure that no Federal Government officer, employee, or agent engages in or facilitates any conduct that would unconstitutionally abridge the free speech of any American citizen." Executive Order 14149.

"The First Amendment greatly curtails enforcement of restrictions on free speech by a governmental entity." VA Handbook 8502.

VA is in violation of their very own standards in the regulation they wrote for themselves!

When VA adopts a valid rule following the required legal procedures, that rule binds the agency and the public just like a statutory law passed by Congress.

38 CFR 0 Core Values, Characteristics, and Customer Experience Principles of the Department.

§ 0.600 General.

"They are intended to establish one overarching set of guidelines that apply to all VA Administrations and staff offices."

§0.601. Core Values.

(a) Integrity.  VA employees will act with high moral principle, adhere to the highest professional standards, and maintain the trust and confidence of all with whom they engage.

(b) Commitment.  VA employees will work diligently to serve veterans and other beneficiaries, be driven by an earnest belief in VA's mission, and fulfill their individual responsibilities and organizational responsibilities.

(c) Advocacy.  VA employees will be truly veteran-centric by identifying, fully considering, and appropriately advancing the interests of veterans and other beneficiaries.

(d) Respect.  VA employees will treat all those they serve and with whom they work with dignity and respect, and they will show respect to earn it.

(e) Excellence.  VA employees will strive for the highest quality and continuous improvement, and be thoughtful and decisive in leadership, accountable for their actions, willing to admit mistakes, and rigorous in correcting them.

§ 0.602 Core Characteristics.

(a) Trustworthy. VA earns the trust of those it serves, every day, through the actions of its employees. They provide care, benefits, and services with compassion, dependability, effectiveness, and transparency.

(b) Accessible. VA engages and welcomes veterans and other beneficiaries, facilitating their use of the entire array of its services. Each interaction will be positive and productive.

(c) Quality. VA provides the highest standard of care and services to veterans and beneficiaries while managing the cost of its programs and being efficient stewards of all resources entrusted to it by the American people. VA is a model of unrivalled excellence due to employees who are empowered, trusted by their leaders, and respected for their competence and dedication.

(d) Innovative. VA prizes curiosity and initiative, encourages creative contributions from all employees, seeks continuous improvement, and adapts to remain at the forefront in knowledge, proficiency, and capability to deliver the highest standard of care and services to all of the people it serves.

(e) Agile. VA anticipates and adapts quickly to current challenges and new requirements by continuously assessing the environment in which it operates and devising solutions to better serve veterans, other beneficiaries, and Service members.

(f) Integrated. VA links care and services across the Department; other federal, state, and local agencies; partners; and Veterans Services Organizations to provide useful and understandable programs to veterans and other beneficiaries. VA's relationship with the Department of Defense is unique, and VA will nurture it for the benefit of veterans and Service members.

§ 0.603 Customer Experience principles.

(a) Ease. VA will make access to VA care, benefits, and memorial services smooth and easy.

(b) Effectiveness. VA will deliver care, benefits, and memorial services to the customer's satisfaction.

(c) Emotion. VA will deliver care, benefits, and memorial services in a manner that makes customers feel honored and valued in their interactions with VA. VA will use customer experience data and insights in strategy development and decision-making to ensure that the voice of veterans, servicemembers, their families, caregivers, and survivors inform how VA delivers care, benefits, and memorial services.

Please contact the decision-makers, Secretary Douglas A. Collins and the Department of Veterans Affairs.

Email: Doug.Collins@va.gov​, Joshua.Quill2@va.gov​, Todd.Hunter@va.gov​, Curt.Cashour@va.gov​,  Jennifer.Burch@va.gov​, Howard.Manuel@va.gov​, Danielle.Runyan@va.gov​ James.Baehr@va.gov​, Robert.Fleck@va.gov​, Michael.Hogan@va.gov​, Brent.Pope@va.gov​, David.Barrans@va.gov​, Cheryl.Mason@va.gov​, David.Case@va.gov​, Leslie.Leckey1@va.gov​, Chris.Wilber@va.gov​, Larry.Reinkemeyer@va.gov​, Silas.Darden1@va.gov​, Charles.Miller@va.gov​, David.Krulak@va.gov​, Mark.Engelbaum@va.gov​, Ted.Radway@va.gov​, Onika.Coke@va.gov​, Lynda.Davis@va.gov​, Barbara.Morton2va.gov​, Denise.Kitts@va.gov​, CustomerCare@va.gov​, ExecutiveLeadership@va.gov​,  GovernmentEthics@va.gov​, OAWP@va.gov​, OEIDMO@va.gov​, ORMECP@va.gov​, Section504.Complaint@va.gov​, Section508@va.gov​, SecVArequest@va.gov​, VACO00Reg@va.gov​, VAOIG.ReportsStaff@va.gov​ VAPublicAffairs@va.gov​, Vets-Experience@va.gov 

Office of the Secretary (OSVA-00)
Department of Veterans Affairs
810 Vermont Avenue NW
Washington DC 20420-0001

Phone: 202-461-4800, 800-698-2411
Fax: 202-495-5463, 202-495-5861, 202-495-5601, 202-273-9988, 202-6328456

Report to the Office of Accountibility and Whistleblower Protection.

Report to the Office of Inspector General.

Report to the Office of Resolution Management.

Report to the Office of Special Counsel.

Report to the Department of Justice.

Contact congressional oversight. VAEmailRep_@VetAff.senate.gov​, VAEmailDem_@VetAff.senate.gov​, HVAC.Republicans@mail.house.gov​, HVAC.Democrats@mail.house.gov

Contact your congressional delegation. 

Contact the White House.

Thank you!

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MSgt John D Thompson USAF RetiredPetition StarterAerospace Ground Equipment (2A672), 1984-2004.

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