13 results for 'cat:"Veterans" AND cat:"Military"'.
J. Allen sets aside the Board of Veterans Appeals decision denying the service-voided veteran's request for benefits. The veteran's service was voided after his enlistment on grounds he lied about his criminal record. Though voided service is generally equivalent to a dishonorable discharge, the board potentially applied the incorrect legal framework with unclear analysis. The board must clarify whether regulation involving dishonorable discharge or voided service specifically applies.
Court: Court Of Appeals For Veterans Claims, Judge: Allen , Filed On: April 11, 2024, Case #: 21-6977, Categories: Fraud, veterans, military
J. Contreras denies, in part, the Department of Veterans Affairs' motion for summary judgment on an association's Freedom of Information Act case seeking records related to the policies of the department's police force at VA facilities. Certain withheld information is segregable and must be disclosed.
Court: USDC District of Columbia, Judge: Contreras, Filed On: February 27, 2024, Case #: 1:21cv1298, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Public Record, veterans, military
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J. Bonilla finds for the U.S. in claims brought by a veteran who had been administratively separated because the veteran was found guilty of conduct unbecoming an officer for posting nude and sexually explicit photos and videos of himself with women other than his wife on "several adult websites."
Court: Court of Federal Claims, Judge: Bonilla, Filed On: November 6, 2023, Case #: 21-1994C, Categories: veterans, military
Per curiam, the Court of Appeals for Veterans Claims grants the Air Force veteran’s legal guardian’s petition for a writ of mandamus to compel Veterans Affairs to issue a decision regarding her reinstatement as payee, address her complaints that his current fiduciary is violating an agreement to support the family, and to release withheld funds. The VA removed the guardian as fiduciary after making a determination of misuse, appointing a paid fiduciary. The accusation proved to be false, but the VA failed to acknowledge this, refusing to restore the guardian’s and veteran’s circumstances. The VA has asserted, without acknowledging the petitioner’s status as legal guardian, that only the veteran, who has already been deemed incompetent, may request a change in fiduciary. If the VA does not act favorably on the guardian’s notice of disagreement she may appeal to the board.
Court: Court Of Appeals For Veterans Claims, Judge: Per curiam, Filed On: August 24, 2023, Case #: 22-4698, Categories: veterans, Fiduciary Duty, military
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
J. Taranto finds that the veteran's court improperly declined to change the disability effective date because the veteran would have applied for disability sooner but for threats of court-martial should he reveal information regarding secret testing performed on him with chemical warfare agents. Reversed.
Court: Federal Circuit, Judge: Taranto, Filed On: June 15, 2023, Case #: 2019-2211, Categories: veterans, military