Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Court Orders Ao Presumptive Rules To Be Published


SgtAFMOB

Question

The twitter site for www.vawatchdog.org announced an hour ago that The US Circuit Court of Appeals for the Federal Circuit issued an order July the 15th that requires the VA Secretary to publish the new rule or an interium rule by noon Monday the 19th. The alternative is to appear and explain why not. This suit was brought by the Paralyzed Veterans of America, the NVLSP, and three other advocacy organizations. Suggest interested parties read the full account at Vawatchdog. Let the fur fly!!!!

Link to comment
Share on other sites

  • Answers 17
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

I don't know what all this means, what about it being at the OMB for review? what does this do to Webb's hearing and Congressional review? This is all very confusing and hard to follow, can anyone explain what is going on and where we are?

Link to comment
Share on other sites

I don't know what all this means, what about it being at the OMB for review? what does this do to Webb's hearing and Congressional review? This is all very confusing and hard to follow, can anyone explain what is going on and where we are?

Link to comment
Share on other sites

Not certain what this means, however, I do know this is a second go round for the AO presumptives at OMB. I found the rule there in December of 2009. I am not certain but I believe the suit was filed because the VA was in violation of existing law and the time frames involved. The comment in the VA Watchdog article as quoted from a court observer is that the court had, had it with the VA and thus the unheard of short fuse imposed to publish the final rule in the Federal Register or an interium regulation, or explain why not. Will have to see how this washes out, but it would seem to me if the rule were published on the 19th, then the 60 days for the Congressional Review Act would begin from that date. This is speculation on my part and not to get peoples hopes up. Another poster on the Veterans Benifits Network had something similar formulated prior to this court order. Posting would prempt Webbs attempt to delay.

Link to comment
Share on other sites

Thanks -I didn't realize you already posted this info!!!!

"Posting would prempt Webbs attempt to delay."

That is my take on all this too.

I have never witnessed anything like this before-this will be very interesting to see how it turns out and how it could benefit veterans who already have filed their claims.

Time is their enemy.

Link to comment
Share on other sites

The twitter site for www.vawatchdog.org announced an hour ago that The US Circuit Court of Appeals for the Federal Circuit issued an order July the 15th that requires the VA Secretary to publish the new rule or an interium rule by noon Monday the 19th. The alternative is to appear and explain why not. This suit was brought by the Paralyzed Veterans of America, the NVLSP, and three other advocacy organizations. Suggest interested parties read the full account at Vawatchdog. Let the fur fly!!!!

The order is for the v.a .to respond to the petition

Link to comment
Share on other sites

The twitter site for www.vawatchdog.org announced an hour ago that The US Circuit Court of Appeals for the Federal Circuit issued an order July the 15th that requires the VA Secretary to publish the new rule or an interium rule by noon Monday the 19th. The alternative is to appear and explain why not. This suit was brought by the Paralyzed Veterans of America, the NVLSP, and three other advocacy organizations. Suggest interested parties read the full account at Vawatchdog. Let the fur fly!!!!

After reading the order, it seems to me that the court has order the va secretary to respond to the petition . not to publish.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • How to get your questions answered...

    question-001.jpeg

    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
    2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

    Leading to:

    Post clear questions and then give background info on them.

    Examples:

    • A. I was previously denied for apnea – Should I refile a claim?
      • was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

    Note:

    Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines