Veteran Disability Lawyer
Many organizations have many different ideas on how the VA
could alter their current procedures to better expedite veteran relief. With
our nation having just ended over a decade’s worth of war, the VA is struggling
with providing hundreds of thousands of returning veterans the mental care and
compensation they deserve.
As one possible solution to this problem the Veterans for
Common Sense (VCS), a non-profit veterans advocacy group, has recently asked
the 9th Circuit Court of Appeals to rule on whether the federal courts are able
to aide in the distribution of VA resources. In doing so, the VCS hopes the
courts will alter the VA’s claims procedures, create an accelerated appeals
process, and convert the claims-adjudication process into an adversarial proceeding.
In their decision on May 7, 2012, the 9th circuit
answered by saying federal courts do not have the jurisdiction to afford the
relief the VCS seeks.
“Congress, in its
discretion, has placed judicial review of VA claims only with The United States
Court of Appeals for Veterans Claims and the Court of Appeals for the Federal
Circuit,” stated Judge Bybee.
Judge Bybee went on to say that even if jurisdiction did lie
with the 9th circuit, the VCS’ requested relief would transform the
adjudication of veterans’ benefits into a “contentious, adversarial system—a
system Congress has actively legislated to avoid.”
To learn more or see the original 9th Circuit
opinion, please visit: http://www.ca9.uscourts.gov/datastore/opinions/2012/05/07/08-16728.pdf
If you need assistance
on veterans disability claims, contact Kristina Derro, Esq.
at 800-693-4800.
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