Showing posts with label Veterans. Show all posts
Showing posts with label Veterans. Show all posts

Federal Circuit: Veteran Warriors v. Secretary of Veterans Affairs

 Statutory term is sufficiently vague to justify deference to the agency, as it is silent as to whether certain services need to be delivered in person, as opposed to being provided remotely.  Parallel statute distinguishing the two speaks to the ambiguity of the first statute.  

Agency's position is justified by the need for a clear rule, and is a reasonable policy choice; prior silence on the question doesn't establish that this is a reversal by the agency.  

Although the statutory context clarifies the definition of "serious injury," the statute is still sufficiently ambiguous to require deference to the agency.

Although the agency's new definition was a change from prior interpretations, it was a reasoned change that accounted for settled expectations, and not the sort of sharp break with previous readings that would justify less deference to the agency's final interpretation.

Statute defining incapacity as being unable to accomplish certain daily tasks is sufficiently vague to justify deference to the agency's reading, since it doesn't distinguish occasional incapacity from total incapacity.  Prior fee schedule implying a gradation of capacity doesn't make for a change in policy, since it refers to the amount of assistance provided, not the beneficiary's abilities unaided.

Agency erred in imposing a single definition of "in need of supervision" where the law describes two degrees of necessary supervision; additionally, the medical requirements read into the term are not logically dictated by the statute's mandate.

Law's requirement that the compensation levels be tied to geographic areas and creation of a program for assisting veterans abroad did not define the eligibility of extraterritorial caregivers; the agency's interpretation barring such caregivers is reasonable.

Agency's tying of caregiver compensation to federal civil service pay levels was a reasonable one; nothing in the act required that the compensation be linked to private sector salaries.

Agency's definition of the inability to sustain life in the community was a reasonable one; it incorporated the statutory factors.


Veteran Warriors v. Secretary of Veterans Affairs

Federal Circuit: Vollono v. McDonough

 

As the statutory bar to receiving duplicate funding doesn't look to current eligibility status, a veteran who received funding through one program and therefore chose to forgo another funding source can't later seek to receive the second funding after the eligibility for the first was determined to be erroneous, though non-recoupable.

Vollono v. McDonough

Federal Circuit: Sellers v. Wilkie


To meet statutory requirements, a veteran's claim for relief must at a minimum identify within a high level of generality the sickness disease or injury for which relief is sought; the Secretary's duty to clarify the claim does not arise if this requirement is not met.







Federal Circuit: Jones v. Wilkie



Court did not err in holding that while a reconsidered claim can prompt an award that relates back to an earlier point in time, a tribunal that reconsiders a claim but then makes an award not based on the evidence that prompted the reconsideration need not back-date the award.

Court did not erroneously require claimant to establish that the reopening (as distinct from reconsideration, apparently) of the claim was based on the evidence that served as the basis for the reconsideration and the new award.   Remark to the contrary held by court below to be harmless error, which is a question of fact that the Circuit Court has no jurisdiction to review.

Sixth Circuit: In Re: Estate of Jerry West v. U.S. Dep't of Veterans Affairs

As the state court lost jurisdiction over the matter when the district court took it up, common-law probate remand to the state court had no basis, as there was no dual jurisdiction to resolve.  Also, state court did not have jurisdiction over claim, due to statutory administrative review procedures.

Dissent: Statute requires District Court to remand; District Court has no power to examine state forum's basis for jurisdiction.

http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0134p-06.pdf



Federal Circuit: Martin v. O'Rourke

Although the All Writs Act isn't an independent basis for jurisdiction, Mandamus against unreasonable administrative delay validly runs from the Circuit Courts when necessary to protect their future jurisdiction.

Mandamus against delay by the Dept of Veterans Affairs should be governed not by a finding of the official's refusal to act, but by a common-law balancing test.

Concur: An over five-year appeals process, mostly composed of ministerial tasks and docketing, is excessive.  Mandamus is the only viable option.

http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-1747.Opinion.6-5-2018.1.pdf

Federal Circuit: Rose v. O'Rourke

(Complex) summary remand.

http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-1762.Opinion.6-5-2018.1.pdf

Federal Circuit: Acree v. O'Rourke


Review panel has a duty to determine that the claimant's withdrawal of claim is done with a knowledge of the consequences; this does not conflict with the claimant's right to withdraw the claim.

http://www.cafc.uscourts.gov/sites/default/files/17-1749.Opinion.5-31-2018.1.pdf

First Circuit: US v. Melendez-Gonzales


AUMF for the War of Terror sufficed for statutory tolling of the statute of limitations; the indictment might otherwise have been untimely.

Court's instruction that a group of visitors not attend in full military dress did not, for constitutional purposes, close the courtroom.  Challenge to court's subsequent mention in jury instructions waived for not being raised below.

Prosc. witness description of "fraud" not unfairly prejudicial, possible hearsay harmless error.

Sentencing bumps, including uncharged conduct, established by preponderance; longer sentence for deft convicted of fewer counts not unreasonable.


http://media.ca1.uscourts.gov/pdf.opinions/17-1084P-01A.pdf

Fourth Circuit: Frederick Aikens v. William Ingram, Jr

S1983, Military

S1983 Fourth Amendment claim for monitoring national guardsman's email barred by military abstention, as the harm was incident to military service.

http://www.ca4.uscourts.gov/Opinions/Published/142419.P.pdf




Federal Circuit: National Org. of Veterans Advoc. v. Secretary of Veterans Affairs.

Veterans, Administrative

Construing things in the manner most favorable to the veteran doesn't bar Chevron deference to decisions by Veterans Affairs.

Given statutory rulemaking mandate to the Secretary, rule requiring remand to agency from Board to substitute a claimant for a deceased petitioner is not arbitrary & capricious.

http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-7024.Opinion.1-11-2016.1.PDF


Federal Circuit: Cogburn v. McDonald

Veterans/ claims

Implicit denial rule can apply to separately-filed claims, both formal and informal.

This does not violate statutory due process protections.

http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/14-7130.Opinion.1-5-2016.1.PDF