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Federal Court Ruling On Va

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meghp0405

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(CN) - The Federal Circuit gave the Department of Veteran Affairs 60 days to show why it should not be sanctioned for denying veteran benefits.
Previously, veterans seeking benefits filed claims with a regional VA office, which processed the claims and decided whether to grant the benefits. If the veteran disagreed with the regional board's decision, the Board of Veterans' Appeals reviewed the claim and made a final decision.
Federal law requires the benefits system for veterans to be pro-claimant, laying out procedural and appellate rights for veterans seeking adjudication. VA officials tasked with approving or denying benefits must actively look for ways to improve the cases of veterans both at the regional level and in the appellate process.

read the full article at courthouse news service, dated march 27, 2013

would not let me post the full article

Edited by meghp0405
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  • Content Curator/HadIt.com Elder

It's not 60 days to reply to us, but 60 days to reply to the court why they should not be sanctioned.

I found a link to the full article:

http://www.courthousenews.com/2013/03/27/56120.htm

This is the heart of the lawsuit:

In 2011, however, the VA issued an "immediately-effective" rule that applied the pro-claimant procedures only to regional VA office dealings, stripping veterans of assistance within Board of Veterans' Appeals hearings. The National Organization of Veterans Advocates (NOVA) petitioned the Federal Circuit to review the rule, arguing that the VA implemented it without a mandatory notice-and-comment period required by the Administrative Procedures Act.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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  • HadIt.com Elder

I see a person standing in the window in the courts direction. What is he holding up?

Is it the number one. I think it is but he is not using the correct finger. It looks like the middle finger pointed toward the court.

The only way the court and judges are going to do anything is to hold them in contempt and put them in jail but remember who appointed these judges anyway. The same dude that the VA works for.

Also remember when you take the dudes E away ( E stands for edge) you now can spell DUD and we have a whole lot of them dont we.

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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Well, it SOUNDS like the Federal Circus is getting serious, but the VA has resisted any change to its "delay and deny until we die" attitude, at all costs. They have no problem spending $100,000 worth of lawyers to deny $1000 worth of benefits to a Vet. Those hundreds of lawyers who work for the VA need something to do, and what they do is to think up ways to deny Vets benefits.

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