Author: seth-old

On March 12, 2013, the Court of Appeals for Veterans Claims (CAVC) issued an en banc order denying the Department of Veterans Affairs’ (VA) motion to dismiss after the veteran filed an “intent to appeal” at the incorrect address.  The precedential order can be found at Rickett v. Shinseki. The majority held that equitable tolling of the 120-day period to file a Notice of...

On March 21, 2013 the  Federal Circuit issued a precedential order in National Org. of Veterans Advoc. (NOVA) v. Shinseki, ordering the Department of Veterans Affairs (VA) to “show cause why it should not be sanctioned” after rule changes to 38 C.F.R. § 3.103 were repealed. As a background, 38 C.F.R. § 3.103 sets forth certain procedural rights the VA must follow during the course...

On March 15, 2013, the Court of Appeals for Veterans Claims (CAVC) published an opinion concerning the effects of a presidential pardon after the veteran was discharged from the Army under conditions the Department of Veterans Affairs (VA) considered “dishonorable” pursuant to 38 U.S.C.  § 101(2).  A discharge or release that the VA considers “dishonorable” makes the veteran ineligible for VA...

On March 11, 2013 the United States Court of Appeals for the Federal Circuit (Fed. Cir.) issued a published opinion on an appeal of the Court of Appeals for Veterans Claims (CAVC) denial of a writ of mandamus.  The opinion can be accessed at Beasley v. Shinseki. The substantive issue underlying the petition for writ of mandamus was the veteran’s request that the Department of Veterans Affairs...

The linked Las Vegas Sun article documents a group of World War II veterans who are reaching out to Iraq and Afaghanistan veterans who have found themselves facing criminal charges before a specialized veteran treatment court in Nevada.  Regardless of their age, some of my most thought-provocating moments have occurred after talking to WWII veterans.  I applaud them for taking time to share...

On February 27, 2013, the United States Court of Appeals for Veterans Claims (CAVC) issued an opinion in Shephard v. Shinseki regarding a veteran’s entitlement to veteran disability compensation during a period of incarceration.  The CAVC held that, as a matter of law, a veteran subject to a reduction of compensation payments as a result of incarceration is not entitled to recoupment of that...

In January 2012, the Department of Veterans Affairs opened a new Vet Center in Oakland New Jersey.  The Oakland Vet Center is located at 169 Ramapo Valley Road, Oakland, N.J. 07436, and can be contacted at (908) 591-1240 or (908) 748-0980. As the linked NorthJersey.com Article documents, Vet Centers continue to open up around communities to assist with veterans seeking counseling, job...

As the following Stars and Stripes article documents, programs within the Department of Veterans Affairs (VA) are exempted from the mandated spending cuts that will take effect on March 1, 2013.  Therefore, veterans receiving direct benefits from the VA should not be effected by the sequestration. Although, VA benefits will not be directly effected, veteran programs from other federal agencies...

Justice Cardozo once observed, “The work of a judge is in one sense enduring and in another ephemeral. . . .   In the endless process of testing and retesting, there is a constant rejection of the dross and a constant retention of whatever is pure and sound and fine.” B. Cardozo, The Nature of the Judicial Process, 178-79 (1921).  I have come to accept that the Federal Circuit’s (Fed....

The following press release from the New Jersey Department of Labor and Workforce Development (LWD) documents that Governor Christie’s administration has partnered with the U.S. Chamber of Commerce to provide resources and support for veterans seeking employment.  The press release can be found at LWD Press Release. More information about the U.S. Chamber of Commerce’s...