Oversight on the Operation of the Board of Veterans Appeals and the U.S. Court of Veterans Appeals: Hearing Before the Subcommittee on Compensation, Pension, and Insurance of the Committee on Veterans' Affairs, House of Representatives, One Hundred First Congress, Second Session, October 4, 1990U.S. Government Printing Office, 1991 - 189 lappuses |
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action adjudication administrative agency amended amicus curiae Appeals BVA appeals process appellant's Associate Judges BAUER believe BILIRAKIS Board members Board of Veterans BOB MCEWEN BVA decisions BVA hearing BVA's Chairman Chief Judge claim claimant COMMITTEE ON VETERANS CONGRESS LIBRARY CONGRESS THE LIBRARY Counsel Court of Veterans COVA decided delay Department of Veterans Derwinski disability DOUGLAS APPLEGATE FTEE improvement issue Judicial Review Act KOWALCZYK legislation LIBRARY OF CONGRES LIBRARY OF CONGRESS McEwEN motion NEBEKER Notice of Appeal Notice of Disagreement November 18 panel PENNY PETE GEREN petitioner petitioner's pro se problem procedure proposed rule reconsideration regional offices remand representative request response Secretary of Veterans staffing Standing Order statement statutory subsection timeliness U.S. COURT United States Court VA's VARO Veterans Affairs Veterans Appeals VETERANS APPEALS FILED Veterans Benefits Administration VJRA West Supp workload Writs Act
Populāri fragmenti
50. lappuse - The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.
57. lappuse - The court will not interfere by mandamus with the executive officers of the government in the exercise of their ordinary official duties, even where those duties require an interpretation of the law, the court having no appellate power for that purpose; but when they refuse to act in a case at all, or when, by special statute or otherwise, a mere ministerial duty is imposed upon them — that is, a service which they are bound to perform without further question — then, if they refuse, a mandamus...
58. lappuse - Judged by this rule the present case presents no difficulty. The Commissioner of Pensions did not refuse to act or decide. He did act and decide. He adopted an interpretation of the law adverse to the relator, and his decision was confirmed by the Secretary of the Interior, as evidenced by his signature of the certificate. Whether, if the law were properly before us for consideration, we should be of the same opinion, or of a different opinion...
50. lappuse - Congress specifically provided that this court would "have such assistance in carrying out of its lawful writ, process, order, rule, decree, 'or command as is available to a court of the United States.
127. lappuse - Major objectives is to equitably decide appeals under all laws administered by the VA, with sympathetic understanding and as expeditiously as possible consistent with quality, in order to grant all benefits to which veterans and their dependents are entitled. B. Specific. Specific objectives are: 1 . To promulgate quality decisions which are equitable, comprehensive, fully reasoned and self-sustaining. 2. To maintain a high level of promptness in deciding appeals consistent with the quality of decisions...
57. lappuse - The opinion dealt first with the petition for writ of mandamus. In describing the writ of mandamus, the court noted: The Supreme Court recently has emphasized that, in determining when it is "appropriate" to issue the writ we must keep in mind that "[t]he remedy of mandamus is a drastic one, to be invoked only in extraordinary situations." Kerr v. United States District Court, 426 US 394, 402 (1976). Generally, Federal courts have used the writ "to confine an inferior court to a lawful exercise of...
41. lappuse - Courts which originate in the Common Law possess a jurisdiction which must be regulated by the Common Law, until some statute shall change their established principles; but Courts which are created by written law, and whose jurisdiction is defined by written law, cannot transcend that jurisdiction.
95. lappuse - ... this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue. (c) The provisions of paragraph (a) of this section are not for application in cases in which the only compensable service-connected disability is a mental disorder assigned a 70 percent evaluation, and such mental disorder precludes a veteran from securing or following a...
59. lappuse - ... (4) the court should consider the effect of expediting delayed action on agency activities of a higher or competing priority; (5) the court should also take into account the nature and extent of the interests prejudiced by delay; (6) the court need not ' 'find any impropriety lurking behind agency lassitude in order to hold that agency action is unreasonably delayed.
95. lappuse - That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as...