Supreme Court To Hear

[Berta]

The Court will consider the extent to which the US Department of Veterans Affairs is liable if it fails to adequately inform a veteran of the information needed to process a benefits claim.

http://www.vawatchdog.org/08/nf08/nfJUN08/nf061708-1.htm

This s an important case because when a VCAA notice is prejudicial it can cause a claim to be in limbo land for years.

Then again- the VA seems to feel that every vet can interpret even prejudicial VCAA letters as to what they reasonaby are expected to supply as evidence.

I dont think the VA has that right at all-

In a generic VCAA letter it is often difficult for a veteran to interpret what they say they need as evidence - if the VA doesnt spell it out very clearly.

[stillhere]

Berta, Should be interesting, I remember back in 83 I got a denial and that was all it said. To be honest they have come a long way since then.

[Wings]

x

x

x

Sanders v Nicholson, Fed Cir, 06-7001, decided 5/16/07

On WRIT

QUESTION PRESENTED

Whether the government (as opposed to disabled

veterans and other claimants of the Veterans Disability

Adjudication System) should bear the burden of

proof on the issue of prejudicial error in connection

with a notice violation under U.S.C. § 5103(a).

[allan]

I wonder how many decades it will take before a decision is reached by the court.

[Pete53]

I suspect that the Supreme Court will turn it down by a vote of 5 to 4 cause of the expense to the Government.

[Wings]

I suspect that the Supreme Court will turn it down by a vote of 5 to 4 cause of the expense to the Government.

I agree with you Pete, VCAA remand rates are horrible; add another VCAA requirement and claims will go NOWHERE FAST!

[Stretch]

certiorari

n. (sersh-oh-rare-ee) a writ (order) of a higher court to a lower court to send all the documents in a case to it so the higher court can review the lower court's decision. Certiorari is most commonly used by the U.S. Supreme Court, which is selective about which cases it will hear on appeal. To appeal to the Supreme Court one applies to the Supreme Court for a writ of certiorari, which it grants at its discretion and only when at least three members believe that the case involves a sufficiently significant federal question in the public interest. By denying such a writ the Supreme Court says it will let the lower court decision stand, particularly if it conforms to accepted precedents (previously decided cases).

http://dictionary.law.com/default2.asp?typ...mp;submit1.y=15