77 results for 'cat:"Veterans"'.
Per curiam, the court of appeals dismisses a veteran's pro se petition seeking an order requiring the VA to show cause as to why its precluding self-represented claimants from remote access to the benefits management system is not invalid. Though accessing the system in person or through a CD mailed to him is difficult and time-consuming, the court does not have jurisdiction to issue such an order.
Court: Court Of Appeals For Veterans Claims, Judge: Per curiam, Filed On: May 3, 2024, Case #: 23-2587, Categories: Government, veterans, Jurisdiction
J. Bonilla finds for the U.S. in claims seeking relief following plaintiff's discharge from the Coast Guard for misconduct because the decision to deny plaintiff under the second chance program was reasonably justified. Affirmed.
Court: Court of Federal Claims, Judge: Bonilla, Filed On: April 25, 2024, Case #: 22-1689C, Categories: veterans
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. Jackson finds that the circuit improperly imposed limitations on veterans' benefits because the veteran sought to use one of two separate entitlements to his educational benefits. Reversed.
Court: US Supreme Court, Judge: Jackson, Filed On: April 16, 2024, Case #: 22-888, Categories: veterans
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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. 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. Pallmeyer partially grants the defendant U.S. Veterans Affairs Department’s motion for summary judgment on a former employee’s race discrimination and Title VII retaliation claims. The former employee, a Black man, claims the VA fired him in retaliation for a heated argument he had with a white coworker that almost boiled over into a fight. However, the court found the VA also had reasonable cause to fire the employee due to lapses in attendance and work protocol. The court grants judgment to the VA on the former employee’s race discrimination claims, but withholds judgment on his Title VII retaliation claim pending a de novo review.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: March 6, 2024, Case #: 1:17cv9259, NOS: Employment - Civil Rights, Categories: veterans, Employment Discrimination, Employment Retaliation
J. Gordon grants the Department of Veterans Affairs' motion for summary judgment as to the patient's medical malpractice claim. The patient alleges the VA's medical provider negligently performed non-emergency invasive sinus surgery without his informed consent. The VA's liability under the Federal Tort Claims Act is determined by state law. The surgery was performed in Alabama, and malpractice claims based on alleged surgical negligence are barred by Alabama’s four-year statute of repose. The VA’s motion did not address allegations its provider also negligently failed to diagnose the patient's post-procedure nerve damage and, therefore, that claim remains pending.
Court: USDC Nevada, Judge: Gordon , Filed On: March 1, 2024, Case #: 2:22cv1823, NOS: Other Statutory Actions - Other Suits, Categories: Health Care, veterans, Medical Malpractice
J. Moore finds that the veteran's court properly granted an appeal from an adverse decision regarding the caregiver program because veterans and caregivers had a right to dispute a decision that had been made based on the their inability to attend in-person evaluation. Affirmed.
Court: Federal Circuit, Judge: Moore, Filed On: February 27, 2024, Case #: 2022-1264, Categories: veterans
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
J. Kirsch finds that the lower court properly vacated a $7.8 million jury award and ruled for the employer on the veteran's ADA retaliation claim. The veteran claimed her former employer discriminated against her based on her PTSD and won a "monstrously excessive" judgment that was the result of passion and prejudice. After the verdict, the court correctly ruled that the veteran did not have a valid ADA claim because showing up to work on time was an essential part of her job. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: February 27, 2024, Case #: 23-1165, Categories: Ada / Rehabilitation Act, veterans, Employment Retaliation
J. Jaquith finds the board improperly denied the Navy veteran total disability. The veteran sought a total disability rating based on unemployability and was denied for lack of service connection. Though the veteran received service connection benefits for an acquired psychiatric disorder, the board made no evidentiary findings on the unemployability claim and did not thoroughly consider its merits. Vacated
Court: Court Of Appeals For Veterans Claims, Judge: Jaquith, Filed On: February 16, 2024, Case #: 21-4193, Categories: Health Care, Insurance, veterans
J. Blakey partially grants a Navy equipment manufacturer’s motion for summary judgment on a Navy veteran’s asbestos claims. The veteran contracted mesothelioma after years of exposure to asbestos while serving in the Navy, with the manufacturer’s gaskets being a prime source. The court finds for the manufacturer on the veteran’s willful and wanton conduct claim, but allows the veteran’s negligence and strict liability claims to go forward.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: January 31, 2024, Case #: 1:21cv4316, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: veterans, Product Liability, Asbestos
J. Reyna finds that an army veteran was improperly denied employment benefits since the lower court applied the incorrect standard in determining plaintiff did not qualify under the veteran readiness and employment program. Reversed.
Court: Federal Circuit, Judge: Reyna, Filed On: January 30, 2024, Case #: 2023-1525, Categories: Employment, veterans
[Consolidated] J. Bartley finds the board improperly denied the veterans' petitions for service-connected total disability benefits. The board can deny such benefits if it is found the veteran is gainfully employed. The definition of gainful employment does not apply to employment in low-wage, part-time positions, not subject to competition in the job market. The board did not apply this definition to either veteran's case or make the necessary factual findings to do so, and the appeals are set aside pending further development.
Court: Court Of Appeals For Veterans Claims, Judge: Bartley , Filed On: January 24, 2024, Case #: 21-4467, Categories: Health Care, veterans, Due Process
J. Kirsch rules for the U.S. in claims contending tenants suffered severe injuries due to asbestos, mold, and other unhealthy living conditions at the Veterans Affairs apartments. The administrative claims were denied in 2020, and the tenants failed to file the claims in federal court within six months of that decision. Further, despite the tenants' medical problems, nothing justified equitable tolling.
Court: USDC New Jersey, Judge: Kirsch , Filed On: January 22, 2024, Case #: 3:22cv583, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: veterans, Negligence, Asbestos
J. Bartley sets aside the Board of Veterans Appeals' denial of the veteran's award of a total disability evaluation. The veteran sought the evaluation based on individual unemployability due to service-connected disabilities. The board discounted the relevance of his 60 percent aphonia evaluation because he was employed during the time of the evaluation. The board's findings on the veteran's functional capacity, other than as limited but not "prevent[ing] him from obtaining or maintaining...employment" is unclear. The information for review is limited and the record must be developed.
Court: Court Of Appeals For Veterans Claims, Judge: Bartley , Filed On: January 9, 2024, Case #: 21-6125, Categories: Health Care, veterans, Due Process
J. Falvey finds the Board of Veterans Appeals properly denied the veteran's claims for increased ratings for diabetes and bilateral lower extremity diabetic peripheral neuropathy. The VA provided the veteran with a medical exam to determine the severity of his diabetes, with the examiner confirming it is managed by diet and hypoglycemic agent. The record shows the board properly applied ratings schedule regulations that require it to consider specific medications. Affirmed.
Court: Court Of Appeals For Veterans Claims, Judge: Falvey , Filed On: December 27, 2023, Case #: 22-3042, Categories: Government, Health Care, veterans
J. Laurer denies the petitioner's request for class certification in his action against the Secretary of Veterans Affairs regarding challenges to its other than honorable character of discharge. Though his request for relief had been satisfied after his receiving a new and material evidence determination after filing this petition, he argues his petition and class action request are not moot based on certain exceptions. The class questions in this case relate to manageability, while implicit adjudication questions are case specific and ill-suited to class-wide review and relief.
Court: Court Of Appeals For Veterans Claims, Judge: Laurer, Filed On: December 19, 2023, Case #: 22-7344, Categories: Government, veterans, Class Action