Agency

Panel Application; Otero-Castro v. Principi, 16 Vet.App. 375, 380 (2002) (“The basic principles that apply to construing statutes apply equally to construing regulations.”). If it is not clear, “the Court may look to other sources, including the history and purpose of the regulation.” Bailey v. Wilkie, 33 Vet.App. 188, 194 (2021); see Kisor, 139 S. Ct. at 2415 (explaining that to exhaust the traditional tools of regulatory construction, “a court must ‘carefully consider[]’ the text, structure, history, and purpose of a regulation” (quoting Chevron U.S.A. Inc. v. Nat. Res. Def. Council, Inc., 467 U.S. 837, 843 n.9 (1984))). “[D]eference [to the Agency] can arise only if a regulation is genuinely ambiguous[,] . . . after a court has resorted to all the standard tools of interpretation.” Kisor, 139 S. Ct. at 2414;

[ad_1] UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-0517JOAN NAILOS, APPELLANT,V.DENIS MCDONOUGH,SECRETARY OF VETERANS AFFAIRS, APPELLEE.On Appeal from the…

2 years ago

Defense Security Cooperation Agency Commemorates 50 Years of Partnership, Ally Support  > U.S. Department of Defense > Defense Department News

[ad_1] Last September, the Defense Security Cooperation Agency marked its 50th anniversary. Due to COVID-19 restrictions in place at the…

2 years ago

Inquiry finds Georgia veterans agency chief harassed workers

[ad_1] ATLANTA (AP) — An investigation finds the now-retired leader of Georgia’s veterans agency sexually harassed his secretary, part of…

2 years ago

Defense Logistics Agency Plans Ahead to Get Thanksgiving Meals to Troops Around the World > U.S. Department of Defense > Defense Department News

[ad_1] Every Thanksgiving, servicemembers around the world enjoy a holiday meal thanks to the hard work of the Defense Logistics…

2 years ago

Defense Logistics Agency Ships Vaccines for Children Overseas > U.S. Department of Defense > Defense Department News

[ad_1] The Defense Logistics Agency is receiving, packing and shipping pediatric doses of Pfizer's COVID-19 vaccine overseas for children,…

2 years ago

Agency Information Collection Activity: Record Keeping at Flight Schools

[ad_1] The Veterans Benefits Administration, Department of Veterans Affairs, is announcing an opportunity for public comment on the proposed collection…

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

Claim for One Sum Payment Government Life Insurance and Claim for Monthly Payments Government Life Insurance: Agency Information Collection Activity

[ad_1] Veterans Benefits Administration, Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection…

3 years ago

Supportive Services for Veteran Families (SSVF) Program-Grant Application and Report: Agency Information Collection Activity Under OMB Review

[ad_1] Abstract: The purpose of the Supportive Services for Veteran Families (SSVF) Program is to provide supportive services grants to…

3 years ago

Hall v. McDonough, No. 19-8717 (Decided October 18, 2021); The particular form a claimant submits—correct or otherwise—has no bearing on the Board’s jurisdiction to hear an appeal. Although VA can require a claimant to fill out a particular form and can dismiss nonconforming or untimely filings in appropriate circumstances, none of this affects the Board’s jurisdiction to hear appeals of veterans benefits decisions. Only Congress (or the Constitution) can set the parameters for jurisdiction, so an agency can neither expand nor limit its own jurisdiction through regulation. And because there is no indication that Congress intended to limit the Board’s jurisdiction to cases where veterans fill out the correct form, we reverse the Board’s finding that it lacked jurisdiction and remand for further development.;

[ad_1] Hall v. McDonough, No. 19-8717 (Decided October 18, 2021); The particular form a claimant submits—correct or otherwise—has no…

3 years ago
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