Action

How State Lawmakers Have Taken Action To Help Them

[ad_1] The VA is the second largest federal agency, and unfortunately, they are struggling to keep up with demand. Backlogs…

2 years ago

Veterans Deserve Better: How State Lawmakers Have Taken Action To Help Them | hadit.com

[ad_1] 7% of the US Population has put on the uniform, sacrificed years of their life, and, if needed, agreed…

2 years ago

How State Lawmakers Have Taken Action

[ad_1] 7% of the US Population has put on the uniform, sacrificed years of their life, and, if needed, agreed…

2 years ago

Congressional Action Can Help DOD Weather Microelectronics Supply Crunch  > U.S. Department of Defense > Defense Department News

[ad_1] Lawmakers on Capitol Hill can help the Defense Department make it through supply shortages for microchips and microelectronics both…

2 years ago

VA Secretary promises quicker action on burn pit benefits, veteran suicide

[ad_1] Secretary of Veterans Affairs Denis McDonough says he feels personal urgency to speed up efforts to help veterans suffering…

2 years ago

Advocates call for ‘urgent’ action to end military, veteran food insecurity

[ad_1] Homeless and foraging for food, Navy veteran Tim Keefe said his condition “devolved into that of a cave man,”…

2 years ago

FedCir; Regents is an application of the APA’s “arbitrary, capricious” standard of review, 5 U.S.C. § 706(2)(A), and this case is governed by 38 U.S.C. § 7261(a)(3)(A), which uses the same “arbitrary, capricious” language; we have used APA jurisprudence in applying the Title 38 provision. See Euzebio v. McDonough, 989 F.3d 1305, 1322–23 (Fed. Cir. 2021) (“The Veterans Court must also review Board and VA determinations for ‘abuse of discretion’ and ‘arbitrary [and] capricious’ decision making, including whether the Board or VA[] entirely failed to consider an important aspect of the problem . . . .” (quoting 38 U.S.C. § 7261(a)(3)(A) and State Farm, 463 U.S. at 43)); see also Henderson ex rel. Henderson v. Shinseki, 562 U.S. 428, 432 n.2 (2011) (“[T]he Veterans Court’s scope of review, § 7261, is similar to that of an Article III court reviewing agency action under the [APA] . . . .”); Whether an agency has failed to address an important aspect of a problem, and is arbitrary and capricious for that reason, can turn on the specific statutes and regulations that govern the agency, see Oregon Natural Re-sources Council v. Thomas, 92 F.3d 792, 798 (9th Cir.1996), but that does not distinguish 38 U.S.C. § 7261 from 5 U.S.C. § 706;

[ad_1] FedCir; Regents is an application of the APA’s “arbitrary, capricious” standard of review, 5 U.S.C. § 706(2)(A), and…

3 years ago

Single Judge Application; deficient reasons and bases; It is the Board’s responsibility as factfinder to assess and weigh the evidence.18 Here, we simply do not know the weight, if any, the Board gave this evidence in assigning a rating for appellant’s GERD. It is important for the Board to make such a finding in the first instance.19 We recognize that the Secretary offers several arguments about why extraschedular referral is not warranted for appellant’s GERD. However, it is ultimately not his prerogative to provide an explanation that the Board did not. As we have often said, the Secretary cannot make up for the Board’s deficient statement of reasons or bases.20; 19 See Tadlock v. McDonough, 5 F.4th 1327, 1337-38 (Fed. Cir. 2021) (“Where additional findings of fact are necessary regarding mattes open to debate, the proper action is for the Veterans Court is to remand to the Board for consideration of those facts in the first instance.”).; 20 See In re Lee, 277 F.3d 1338, 1345-46 (Fed. Cir. 2002) (“‘[C]ourts may not accept appellate counsel’s post hoc rationalization for agency action.’” (quoting Burlington Truck Lines, Inc. v. United States, 371 U.S. 156, 168 (1962))); McCray v. Wilkie, 31 Vet.App. 243, 258 (2019) (“[T]he Secretary’s impermissible post-hoc rationalization cannot make up for shortcomings in the Board’s assessment.”); Simmons v. Wilkie, 30 Vet.App. 267, 277 (2018) (holding that the “Court cannot accept the Secretary’s post-hoc rationalizations” to cure the Board’s reasons-or-bases errors), aff’d, 964 F.3d 1381 (Fed. Cir. 2020); Smith v. Nicholson, 19 Vet.App. 63, 73 (2015) (“[I]t is not the task of the Secretary to rewrite the Board’s decision through his pleadings filed in this Court.”).;

[ad_1] Single Judge Application; deficient reasons and bases; It is the Board’s responsibility as factfinder to assess and weigh…

3 years ago

Demand Action For Our Veterans

This is the newest ad from Iraq and Afghanistan Veterans of America (IAVA) Action Fund. The budget for the Department…

3 years ago

DOD Official Says Concept of Integrated Deterrence Is Call to Action > U.S. Department of Defense > Defense Department News

[ad_1] In a speech earlier this year, Secretary of Defense Lloyd J. Austin III called deterrence the cornerstone of defense…

3 years ago
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