LEGAL ISSUES Paralyzed Veterans of America advances its mission inside and outside of the courtroom. Our attorneys work to educate the public on veteran claims issues and connect attorneys with veterans law resources. | ||
Paralyzed Veterans of America's (Paralyzed Veterans) attorneys have litigated hundreds of cases on behalf of members and other veterans, helping them receive the benefits they have earned. When veterans are denied benefits by the Board of Veterans’ Appeals, they have a right to appeal to the U.S. Court of Appeals for Veterans Claims and then to the U.S. Court of Appeals for the Federal Circuit. Our professional staff represents claimants in these courts and tracks legal issues that matter to veterans. Paralyzed Veterans' CasesParalyzed Veterans’ attorneys represented the veteran in the recently decided case of Boone v. Shinseki in the Court of Appeals for Veterans Claims. Since its decision in Henderson (see below), the Court has been struggling with jurisdictional issues such as the one presented by this case: Did a veteran file his appeal on time if he inadvertently filed it with VA instead of the Court, and then VA waited too long to send it to the Court? While Paralyzed Veterans argued that there are legal reasons the veteran should be allowed to continue his appeal, the Court found in Boone and similar cases that the veteran had actually filed a motion for reconsideration with the Board of Veterans’ Appeals. This holding preserves a possible future appeal for the veteran but avoids other jurisdictional questions. Read the Boone pleadings: Paralyzed Veterans’ attorneys have recently filed a brief with the Court of Appeals for Veterans Claims in the case of Harris v. Shinseki. In this case, a Paralyzed Veterans member was granted a benefit by VA, only to have VA surreptitiously refuse to give effect to the award. Paralyzed Veterans is arguing that VA’s action is not permitted under any law or regulation and that the benefit should be given effect. Read the Harris brief» Hot TopicsAttorney Representation Cases of InterestThe Supreme Court Read the Supreme Court decision» Read the transcript of the oral argument at the Supreme Court» Court of Appeals for Veterans Claims Federal Circuit Read the Federal Circuit’s decision in Haas» VA's Claims Backlog VA has proposed a pilot program called the Expedited Claims Adjudication Initiative to address its ever-growing claims backlog. Under this program, which VA will test in four regional offices, veterans would be asked to waive important procedural rights in exchange for participating in the program. The agency published its proposal in the Federal Register and sought comments from the public. Paralyzed Veterans has provided comments opposing the program because we believe that any real change in VA's adjudication process must come from VA, not from veterans waiving their rights. Read Paralyzed Veterans' comments» PublicationsSOAR, the Service Officers Appeals Report, is a quarterly newsletter providing information on cases at the Board of Veterans' Appeals, Veterans Court, and Court of Appeals for the Federal Circuit; opinions and rulemaking of the Department of Veterans Affairs; judicial review; and other issues of concern to Paralyzed Veterans service officers. |