IF HAAS WINS
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IF HAAS WINS
by Marcella » Sun Oct 28, 2007 7:28 am
Okay, if HAAS wins, the BIG question is: WILL THE VA ABIDE BY THE RULING! What is your take on this?
Marcella "Marcie" Messer
Proud Daughter, Wife and Mother of USNAVY MEN!
BWNVVA SECRETARY/TREASURER
BWNVVA Plank Owner
DAVA Unit 41 Life Member
VFW Post 4388
I'm not insane, my reality is just different from yours!
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by ngfs66 » Sun Oct 28, 2007 8:45 am
I'm going to qualify my no vote.
I think they'll seek an immediate stay.
Any judge who grants one is on very shakey ground. My gut feeling is that the NVLSP, on winning Haas, should ask for immediate implementation, no stay on appeal, and benefits retroactive to the 2002 cutoff date, or the date of first claim whichever comes later, except for those who filed prior to the cutoff, but were not processed until after the cutoff and had their claims denied. Those cases should go back to the date of their last claim.
In other words, anyone who has been denied because of the implementation of the manual change in 2002 should be good back to the date of their claim that was denied, regardless of whether they filed an appeal to that denial or not. Those claims should be pulled up and automatically reversed, going straight to the rating board, where they should be processed with all speed.
I would think that on upholding Haas, the court should be well disposed to favorably rule on that request, especially when couched in terms of how many claims the VA escaped paying because the claimants have since died.
I think they'll seek an immediate stay.
Any judge who grants one is on very shakey ground. My gut feeling is that the NVLSP, on winning Haas, should ask for immediate implementation, no stay on appeal, and benefits retroactive to the 2002 cutoff date, or the date of first claim whichever comes later, except for those who filed prior to the cutoff, but were not processed until after the cutoff and had their claims denied. Those cases should go back to the date of their last claim.
In other words, anyone who has been denied because of the implementation of the manual change in 2002 should be good back to the date of their claim that was denied, regardless of whether they filed an appeal to that denial or not. Those claims should be pulled up and automatically reversed, going straight to the rating board, where they should be processed with all speed.
I would think that on upholding Haas, the court should be well disposed to favorably rule on that request, especially when couched in terms of how many claims the VA escaped paying because the claimants have since died.
- ngfs66
by ExIntrepid » Sun Oct 28, 2007 9:02 am
Agreed, Jeff.
On the other hand, if 'Haas' goes our way, the DVA's only LEGAL choice is to request a 'Stay' from the Court of Appeals while they attempt to bring it to the Supreme Court.
Two things.
1. If the Circuit Court of Appeals finds in our favor, I think that they will be disinclined to grant a 'Stay'. In that case, it will be interesting to see the amount of foot-dragging they manage to come up with...
2. If we win, I'll bet my keyboard that the Supremes will refuse to hear the case and let the lower Court's ruling stand. THAT's when we're likely to see some dancing in the Congress.
Best if we prepare ground in the Legislature to indicate to our Congresscritters that this would be a really, really bad idea.
On the other hand, if 'Haas' goes our way, the DVA's only LEGAL choice is to request a 'Stay' from the Court of Appeals while they attempt to bring it to the Supreme Court.
Two things.
1. If the Circuit Court of Appeals finds in our favor, I think that they will be disinclined to grant a 'Stay'. In that case, it will be interesting to see the amount of foot-dragging they manage to come up with...
2. If we win, I'll bet my keyboard that the Supremes will refuse to hear the case and let the lower Court's ruling stand. THAT's when we're likely to see some dancing in the Congress.
Best if we prepare ground in the Legislature to indicate to our Congresscritters that this would be a really, really bad idea.
— ExIntrepid
... for if we find that we have left our bones to bleach in these sands in vain, then beware the fury of the legions.
—Centurion Marcus Flavinius,
2nd Cohort, Augusta Legion
... for if we find that we have left our bones to bleach in these sands in vain, then beware the fury of the legions.
—Centurion Marcus Flavinius,
2nd Cohort, Augusta Legion
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ExIntrepid - Posts: 555
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by ngfs66 » Sun Oct 28, 2007 10:28 am
That is why I am pushing so hard to get our version of S.2026 passed NOW.
Beat them at their own game. The fact that Congress reacted as they did after word got out about S.2026 says to me they fear us to an extent, and moreso than they fear the administration or the DVA.
We need to really keep up the pressure on Akaka and Burr.
- ngfs66
by ExIntrepid » Sun Oct 28, 2007 10:44 am
You're right.
Time to break out the old e-mail lists and get back on the phone this week.
I'll be a little slow, Chemo wednesday, but I should be able to get started Monday AM.
Time to break out the old e-mail lists and get back on the phone this week.
I'll be a little slow, Chemo wednesday, but I should be able to get started Monday AM.
— ExIntrepid
... for if we find that we have left our bones to bleach in these sands in vain, then beware the fury of the legions.
—Centurion Marcus Flavinius,
2nd Cohort, Augusta Legion
... for if we find that we have left our bones to bleach in these sands in vain, then beware the fury of the legions.
—Centurion Marcus Flavinius,
2nd Cohort, Augusta Legion
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ExIntrepid - Posts: 555
- Joined: Fri Sep 21, 2007 9:03 am
- Location: Miami, Fla.
by Marcella » Sun Oct 28, 2007 11:44 am
CONGRESS CRITTERS ARE TIRED OF BEING BLAMED FOR VA
S MISTAKES! Now is the time to strike! Send those letters.
Has anyone sent the proposed new S2026 to Filner? He seems to be the most likely candidate to bring it to the Veterans AFfairs Committee and then to the floor.
S MISTAKES! Now is the time to strike! Send those letters.
Has anyone sent the proposed new S2026 to Filner? He seems to be the most likely candidate to bring it to the Veterans AFfairs Committee and then to the floor.
Marcella "Marcie" Messer
Proud Daughter, Wife and Mother of USNAVY MEN!
BWNVVA SECRETARY/TREASURER
BWNVVA Plank Owner
DAVA Unit 41 Life Member
VFW Post 4388
I'm not insane, my reality is just different from yours!
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Marcella - Site Admin
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- Joined: Thu Sep 20, 2007 10:34 pm
- Location: Red Level, AL
by cros' » Sun Oct 28, 2007 1:07 pm
Judging by past performance the VA seems to have little sense of honor or fair play. For that reason I too feel they will seek another stay for the clock is ticking. Each week that passes there are fewer of us to compensate.
Personally I feel ashamed that we can send billions to another country and our country shuns the veterans.
Cros'
Personally I feel ashamed that we can send billions to another country and our country shuns the veterans.
Cros'
- cros'
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