Appeal for Help Denied
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
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Tags: VA claims