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[ad_1] For Dependent Spouses, Children and Parents of deceased Veterans VA service representatives can answer questions about benefits eligibility and…

3 years ago

Single Judge Application; § 5110; equitable tolling; On June 17, 2021, the Federal Circuit issued Arellano, which declined to revisit the rule that “equitable tolling is inapplicable to § 5110’s effective date rules.” Arellano v. McDonough, __ F.3d. , , 2021 WL 2460647at *18 (Fed. Cir. June 17, 2021) (6-6 decision) (Chen, J, concurring) (referencing Andrews v. Principi, 351 F.3d 1134, 1137-38 (Fed. Cir. 2003));

[ad_1] Single Judge Application; § 5110; equitable tolling; On June 17, 2021, the Federal Circuit issued Arellano, which declined to…

3 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