Equally

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

Single Judge Application; writ; The Board’s decision to remand this matter, in order to obtain additional, and impliedly negative evidence, is an exercise of “naked and arbitrary power.” See Yick Wo v. Hopkins, 118 U.S. 356, 366 (1886) (Matthews, J.); In Wolfe v. Wilkie, 32 Vet.App. 1 (2009), we issued a writ even though the petitioner had the ability to appeal the matter to the Court. The circumstances here are similar in that regard and equally as egregious. This is illustrative of systemic legal errors that can be corrected in the context of a petition. See Mathis v. Shulkin, 137 S. Ct. 1994, 1995 (2017)(Sotomayor, J., concurring) (noting the continuing “dialogue over whether the current system for adjudicating veterans disability claims can be squared with VA’s statutory obligations to assist veterans in the development of their disability claims.”); (Gorsuch, J., dissenting)(“Congress imposed on the VA an affirmative duty to assist—not impair—veterans seeking evidence for their disability claims.”). The conduct of VA here is certainly emblematic of a systemic, bureaucratic disorder, which we are uniquely ordained to deal with;

[ad_1] Single Judge Application; writ; The Board’s decision to remand this matter, in order to obtain additional, and impliedly negative…

3 years ago

The GI Bill Turns 75: Are All Veterans Being Helped Equally? | Sunday TODAY

There have been countless success stories since President Franklin D. Roosevelt signed the GI Bill in 1944, but some say…

3 years ago