Two veteran-related Petitions for Writ of Certiorari (cert. petition) were distributed for conference today before the Supreme Court of the United States. Once distributed for conference, the Supreme Court will usually announce disposition of the case the following Monday. Further explanation can be found at Supreme Court Link.
The first cert peition, Veterans for Common Sense v. Shinseki, arose from a Ninth Circuit Court of Appeals en banc decision regarding systemic delays in the adjudication and processing of disability compensation claims and health care benefits before the Department of Veterans Affairs. We briefly discussed this case in June 2012 article regarding expediting claims, which can be accessed at http://www.finkrosner.com/articles/va-expediting-claims.html. The issue presented is: “Whether the Ninth Circuit erred in holding that 38 U.S.C. § 511 precludes the district court’s jurisdiction over systemic challenges to the United States Department of Veterans Affairs’ failures to provide timely medical benefits and to timely resolve claims for service-connected death and disability benefits.” The cert. petition can be found at Veterans for Common Sense Cert. Petition.
The second cert. petition, Byron v. Shinseki, arose from a United States Court of Appeals for the Federal Circuit (Fed. Cir.) opinion addressing a decision from the Court of Appeals for Veterans Claims (CAVC) to remand, rather than reverse, a Board of Veterans’ Appeals decision. The issue presented is: “Whether the CAVC has the authority and responsibility to reverse a denial of benefits where the record is complete and there is no bona fide issue for remand and thus no agency discretion to exercise upon a remand?” The cert. petition can be found at Byron Cert. Petition.
If you have questions or concerns about your eligibility for veterans benefits, please do not hesitate to contact me for a free consultation at sdirector@FRE-L.com or (732) 382-6070.