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USC v. CFR

v.

The main difference is that the United States Code are the Laws, also knows as the Federal Statutes, while the Code of Federal Regulations are not now nor will they ever be law. The United States Code being law can be challenged in a Federal Court while the Code of Federal Regulations cannot be directly challenged as such.

Before an idea can become a part of the United States Code it must first be introduced into one of the Houses of the Congress, as a House Resolution in the House of Representatives or as a Senate Resolution in the Senate. Then it must pass that House of the Congress and become a Bill, which is then passed to the other House of the Congress. Once it has passed both Houses of the Congress it must then be signed by the President of the United States. If the President fails to sign it within 10 working days it automatically becomes Law. However if the President vetoes it, it does not become Law and it is sent back to whichever House it originated in. If the Congress is able to pass the bill again with a two thirds majority vote of both Houses the Bill becomes Law and the Congress has over rode the Presidential Veto.

A Federal Regulation is never introduced into either House of the Congress. The Federal Code of Regulations are in support of the Law and they tell Federal Employees what they are allowed to do and what they are not allowed to do based upon the Governing Laws.

The only way a Law may be repealed is either: by a Federal Court or by a vote in both houses of the Congress to repeal it. Any person who is appointed by a Department or agency head can change a Federal Regulation. The person or persons who are handed this task may not even hold a High School diploma or any college degree let alone be an attorney. This task is usually assigned to people who have the most time in service and the political pull to be where they are at. Very seldom is it given to a person based upon their individual capabilities or expertise.

There is no way the Federal Government can be held accountable to the Code of Federal Regulations simple because they are not Law. That means that the Department of Veterans Affairs nor any other agency or Department of the Federal Government can be forced to abide by the Code of Federal Regulations. While they can be forced to abide by the United States Code which makes them accountable to the United States Code.

It is because of this misunderstanding of the difference between the CFR and the USC that a lot of Veterans have been unable to get their just benefits and entitlements. They get frustrated when the Department of Veterans Affairs violates it's own Regulations. Not realizing that the Department of Veterans Affairs does not have to abide by the Code of Federal Regulations. The Department of Veterans Affairs Regulations are written by the Department of Veterans Affairs and only the Department of Veterans Affairs can prosecute a Department Employee for violating one of it's Regulations.

However the Department of Veterans Affairs can be forced to abide by the Laws as they are written by the Federal Courts and by utilizing the appropriate Laws. The Federal Courts have the authority to force the Department of Veterans Affairs to abide by the Laws and the Department of Veterans Affairs must abide by these Federal Court decisions, rulings, and orders.

It is for this reason that we must learn how to utilize these Federal Court decisions and orders alone with the Laws. Only by using these decisions and the Law can we force the Department of Veterans Affairs to abide by the Laws and to force them to grant us our rightful entitlements and benefits.

Veterans Resources Court Cases
TITLE 10 - ARMED FORCES
TITLE 38 - VETERANS' BENEFITS

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