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Paralyzed Veterans of America's 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 of America Congratulates the US Court of Appeals for Veterans Claims for 20 Years of Service»
Hot Topics
Waiting for the Supreme Court
The Supreme Court has decided to review the U.S. Court of Appeals for the Federal Circuit’s decision in Henderson v. Shinseki. In this important case, the Federal Circuit held that there can be no exceptions to the 120-day deadline for a veteran to appeal to the Court of Appeals for Veterans Claims. This means veterans who are hospitalized or psychiatrically disabled must act within that time period, even if VA took years to decide their claims. It also means that any veteran who relies upon VA for help or misdirects his appeal documents to VA may well lose his right to appeal if VA does not forward the documents to the court in time.
There is no way to predict how the Supreme Court will rule in the case. The case will not be heard until fall 2010 or winter so it is unlikely a decision would be issued before 2011. So, for the moment, veterans would be well-advised to make sure any filings with any court or even with VA are made within applicable time limits.
Read the Federal Circuit's decision»
Read Mr. Henderson's petition to the Supreme Court»
Read Paralyzed Veterans’ amicus brief in support of Mr. Henderson's petition»
Read a New York Times article describing the importance of the case»
Read the Solicitor General's response to Mr. Henderson»
Read Mr. Henderson's final reply»
New PTSD Regulations Announced
On July 13, 2010, VA published regulations with the stated purpose of easing the burden of proof on non-combat veterans who have PTSD and are trying to prove that they should be service connected. These regulations apply to any claim pending on, or filed on or after, the publication date. Paralyzed Veterans of America applauds VA’s efforts to assist veterans in obtaining benefits to which they are entitled more quickly.
Read the rule»
VA Proposes Legislation
At the end of May, VA Secretary Shinseki sent a complex legislative proposal to Capitol Hill. Paralyzed Veterans is still reviewing this lengthy submission, however, it appears that many of the Secretary’s suggested amendments are changes that will harm veterans, either by minimizing or taking away current rights or by placing additional burdens on veterans and claimants who want to challenge adverse decisions. We will monitor these proposals and oppose any that limit a veteran as he or she pursues a claim through the agency and appeals process.
Review the proposed legislation»
Recent Paralyzed Veterans' cases
Paralyzed Veterans of America attorneys continue their work on behalf of members and other veterans. Recent successes include an award of more than $500,000 in retroactive benefits to a Paralyzed Veterans of America client.
Paralyzed Veterans’ Deputy General Counsel Michael Horan has argued the case of Hornick v. Shinseki. In this case, a veteran who was injured in a VA facility was granted benefits under 38 U.S.C. § 1151 based on the injury and the resulting disability. More than 10 years later, VA suddenly took away his benefits. Mr. Horan argued to the US Court of Appeals for Veterans Claims that there was no legal basis for VA to do so. The case now awaits decision; depending on how the judges rule, it could be a very important case for veterans who receive benefits under 38 U.S.C. § 1151.
Read the Appellant's brief in the Hornick case»
Read the VA's brief in the Hornick case»
New Agent Orange Regulations Proposed
VA has recently published regulations that would recognize Hairy Cell Leukemia and Other Chronic B Cell Leukemias, Parkinson’s Disease and Ischemic Heart Disease as related to Agent Orange exposure and therefore eligible for presumptive service connection.
Read the proposed regulations»
Veterans and Due Process
In August 2009, the Federal Circuit held in Cushman v. Shinseki that veterans benefits are “nondiscretionary, statutorily mandated benefits. A veteran is entitled to disability benefits upon a showing that he meets the eligibility requirements set forth in the governing statutes and regulations. We conclude that such entitlement to benefits is a property interest protected by the Due Process Clause of the Fifth Amendment of the United States Constitution.”
This is a ground-breaking decision for veterans, and it is a position that Paralyzed Veterans attorneys have taken before the courts for many years. We are hopeful that it will mean greater court scrutiny of VA’s adjudication processes when those processes are challenged.
Read the Federal Circuit decision»
Attorney Representation
In December 2006, a law was passed that allows veterans to retain counsel after they have filed a Notice of Disagreement. VA created regulations that govern attorney practice within the agency; these regulations require that attorneys be accredited by VA and attend a legal education course on VA claims and benefits. Paralyzed Veterans believes all veterans should have quality representation and has been working to create training programs both to meet the VA’s requirements and to train attorneys who want to help veterans. For example, Paralyzed Veterans has partnered with a major law firm, Howrey LLP, and in January we presented a qualified training program for Washington, DC, law firm attorneys who want to help veterans on a pro bono basis. This program is being distributed by the American Bar Association to train pro bono attorneys nationwide.
Learn more about the training DVD»
Read VA’s regulations»
Publications
SOAR, 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.
Read the latest issue of SOAR»
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