7 results for 'judge:"Toth"'.
J. Toth finds the Board of Veterans Appeals improperly refused to consider the Navy veteran's notice of disagreement and request for extension. The board denied the veteran's claim for heart disability compensation 20 years after it was made. The veteran had filed the disagreement 2 weeks after the deadline, citing having had open heart surgery in his request for an extension. The board ruled the untimely filing deprives it of jurisdiction, yet still considered and rejected the request for a good cause extension of the deadline. The deadline is a claim-processing rule, not involving jurisdiction; therefore, the board must consider the veteran's extension request. Vacated.
Court: Court Of Appeals For Veterans Claims, Judge: Toth , Filed On: May 28, 2024, Case #: 21-3467, Categories: Health Care, Veterans, Due Process
J. Toth finds the Board of Veterans Appeals improperly denied the veteran's claim. The veteran reached a settlement with the VA regarding his incurring a disability due to negligent VA medical treatment. He asked the VA to associate his tort claim documents with his VA benefits claim file. Acknowledging the settlement, the VA noted the veteran had not submitted evidence in connection with his tort claim, as it was shielded as attorney work product. Though attorney opinions are shielded, the VA must ensure that all relevant service medical records are obtained and fully evaluated, and these are not shielded from disclosure. Vacated.
Court: Court Of Appeals For Veterans Claims, Judge: Toth , Filed On: May 23, 2024, Case #: 22-3726, Categories: Tort, Veterans, Privilege
J. Toth finds the Board of Veterans Appeals properly issued its decision after an Army Vietnam veteran asked the board to delay issuing the decision regarding his disagreement with the effective date of compensation for cardiovascular disease. He sought delay until after his representative received a copy of his claims file in order to submit evidence. The veteran then filed a formal appeal for direct review, which allows for a more immediate decision, and the board issued its opinion before evidence was submitted. Because other procedural options exist, the fair process doctrine does not entitle the veteran to a delay when he requested expedited review. Affirmed.
Court: Court Of Appeals For Veterans Claims, Judge: Toth, Filed On: April 24, 2024, Case #: 22-3957, Categories: Health Care, Veterans, Due Process
J. Toth denies the veteran's petition for a writ of mandamus seeking to prevent Veterans Affairs from limiting his continued entitlement to post-9/11 GI Bill education benefits while his administrative appeal proceeds. Though he said he will suffer irreparable harm if the issue was not resolved before the fall 2023 semester, he can still appeal any future adverse agency decision affecting the benefits, and so has an adequate alternative means of relief. Threat of irreparable harm has been removed by action that correctly calculated the veteran's eligibility for continued benefits before the semester began.
Court: Court Of Appeals For Veterans Claims, Judge: Toth , Filed On: March 13, 2024, Case #: 23-2589, Categories: Education, Veterans, Due Process
J. Toth finds that the Court of Appeals for Veterans Claims may not review the regional office’s denial of the granddaughter of the deceased spouse of the deceased veteran’s request to be substituted for the claimant in this appeal. According to existing case law regarding substitution of claimants, the court’s jurisdiction is confined to review of final Board of Veterans Appeals decisions. The Court of Appeals for Veterans Claims has “no authority to review regional office adjudicative determinations” directly. Vacated and dismissed.
Court: Court Of Appeals For Veterans Claims, Judge: Toth, Filed On: August 1, 2023, Case #: 21-8176, Categories: Government, Veterans, Military
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J. Toth finds the Board of Veterans Appeals improperly discontinued the Army veteran’s minimum compensation rating for Parkinson’s disease. Though the board replaced the minimum rating with a combined rating for three distinct manifestations evaluated under different diagnostic codes, those ratings account for only some of the manifestations. According to a plain reading of the diagnostic code, compensable ratings under other codes should be added to the minimum rating as long as additional manifestations are not compensable. Reversed and remanded.
Court: Court Of Appeals For Veterans Claims, Judge: Toth, Filed On: July 21, 2023, Case #: 20-5759, Categories: Government, Health Care, Veterans
J. Toth finds the Board of Veterans Appeals properly denied the Army veteran entitlement to non-service-connected pension benefits. The veteran’s net worth, which includes a family trust, renders him ineligible. The Veterans Appeals Improvement and Modernization Act does not require the board to provide timely notice of the reasoning behind decisions effecting benefits. The board is also not required to obtain a legal expert to interpret complex documents such as the trust agreement. The secretary concedes errors in the trust valuation and the timing of the original filing and reopening of the claim as related to the implementation of the Act. Vacated and remanded.
Court: Court Of Appeals For Veterans Claims, Judge: Toth, Filed On: June 14, 2023, Case #: 20-3047, Categories: Pensions, Trusts, Veterans