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VA'S APPEAL OF "BLUE WATER NAVY" CASE WILL TAKE ABOUT

A YEAR -- Claims go unprocessed as VA Secretary Nicholson

says previous Court Order is non-binding.

 

 

Background on "Blue Water Navy" case is here... http://www.vawatchdog.org/old%20
newsflashes%20OCT%2006/newsflash10-15-2006-1.htm

Nov. 30 memo update is here... http://www.vawatchdog.org/old%
20newsflashes%20OCT%2006/newsflash10-31-2006-6.htm

This information came to me by email...there are two emails explaining the latest details.

Emails below: 

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Follow-up Memo - October 31 update

Last week, the Secretary filed a response to the Court’s Order directing the
Secretary, among other things, to explain why the procedure requiring advanced
judicial sanction mandated by a previous case (Ramsey v. Nicholson) was not
followed when the BVA unilaterally stayed cases that might be affected by the
Haas decision.

The response was very long. In essence, the Secretary argued that
the Court’s language in Ramsey was non-binding dicta, and the VA is not required to request a stay of the adjudication of Haas-like cases before imposing a unilateral stay on those cases. We will be filing a reply to the VA’s response
in the coming days.

Additionally, as we expected, the VA filed an appeal of the Haas decision late
last week.

Sincerely,
Rick
Richard V. Spataro
Staff Attorney
National Veterans Legal Services Program
1600 K Street, NW, Suite 500
Washington, DC 20006-2833
Tel: (202) 265-8305, ext. 149
Fax: (202) 328-0063
Email: rick_spataro@nvlsp.org

 

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Nov 3 update - Appealing the Haas Ruling

What is the expected procedure?

Generally, the appeal process in the U.S. Court of Appeals for the Federal
Circuit takes about one year from start to finish.

In a nutshell, the Court waits about one month to give the appellee an opportunity to file any cross-appeals. Then the Court will docket the case, and the VA will have about two months to file their brief. We will then file our brief in response, and the VA will have the opportunity to file a reply brief.

Next, typically the Court will schedule oral argument and we will argue our case before a panel of the Court. Finally, the Court will issue its decision. You can find more detailed information at the Court's website: http://www.fedcir.gov/

Sincerely,
Richard V. Spataro
Staff Attorney
National Veterans Legal Services Program
1600 K Street, NW, Suite 500
Washington, DC 20006-2833
Tel: (202) 265-8305, ext. 149

---------------

Larry Scott

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