11 results for 'judge:"Allen "'.
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. Allen reverses the Board of Veterans' Appeals' decision the Veterans Administration accredited agent is barred from receiving fees for his successful representation of the army veteran for past-due benefits on his PTSD disability rating based on clear and unmistakable error. The agent agreed to represent the veteran on a contingent-fee basis, which included 20 percent of past-due benefits. Though the agent did not file a notice of disagreement, the board originally relied on an invalid regulation to review his eligibility and made no factual or legal findings about his entitlement to fees. Reversed.
Court: Court Of Appeals For Veterans Claims, Judge: Allen , Filed On: November 14, 2023, Case #: 21-8048, Categories: Veterans, Due Process, Attorney Fees
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J. Allen grants Veterans Affairs��� motion to dismiss this appeal from the Army veteran���s claims for compensation for an aneurysm, service connection for depression, kidney failure and residuals of a stroke. The veteran sought to have the court hold that a 2020 notice of disagreement was timely, and the board provided that relief. On Sept. 7, 2023, the Board acted on the appeal and the only substantive issue, of whether the veteran���s VA Form 10182 was timely, has been fully resolved. The appeal is dismissed as moot; and there are no exceptions to mootness based on appellant���s pending request for class certification that would support a proceeding to address the merits.
Court: Court Of Appeals For Veterans Claims, Judge: Allen, Filed On: October 4, 2023, Case #: 20-2365, Categories: Health Care, Veterans, Class Action
J. Allen finds the trial court properly excluded evidence from the victim's cell phone during defendant's trial on manslaughter charges. His parents' testimony he was a "happy, smiling child" did not open the door to allow photos of him with guns, which, in any case, would not have altered the outcome of defendant's trial. Affirmed.
Court: North Carolina Supreme Court, Judge: Allen, Filed On: September 1, 2023, Case #: 71A22, Categories: Evidence, Self Defense, Manslaughter
J. Allen affirms the opinion and order of a Special Master granting the terrorism victims' motion for a protective order in their suit alleging that the defendant donors and nonprofit provided financial support to a Sri Lankan terrorist organization and denying the donors' cross-motion to compel discovery. The donors' discovery requests directed toward the terrorism victims' expert witness seek information outside the scope of the Federal Rules of Civil Procedure's structures for discovery without a subpoena.
Court: USDC Minnesota, Judge: Allen, Filed On: August 30, 2023, Case #: 2:09cv5395, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Terrorism, Experts, Discovery
J. Allen denies the foundation���s request for a writ of mandamus converting Veterans Affairs��� temporary voluntary stay of termination of grants for Supportive Services for Veteran Families into an involuntary stay until all litigation concerning the termination has been resolved. The foundation���s arguments are conclusions or assertions directly contrary to the plain language of regulations and policy and are unsupported by evidence. The foundation has entirely failed to show that it is likely to succeed on the merits.
Court: Court Of Appeals For Veterans Claims, Judge: Allen, Filed On: August 25, 2023, Case #: 23-2114, Categories: Government, Veterans
J. Allen finds that the court of appeal should have upheld the decision ceasing reunification efforts because evidence supported the findings that a significant risk of further abuse would occur should the children be returned to their parents. Reversed.
Court: North Carolina Supreme Court, Judge: Allen, Filed On: June 16, 2023, Case #: 200PA21, Categories: Family Law