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View Full Version : Shinseki Legislation. Negative Impact on Vets???



Sev
06-02-2010, 08:08 PM
http://www.vawatchdog.org/10/nf10/nfmay10/nf052810-5.htm


SHINSEKI'S PROPOSED LEGISLATION COULD NEGATIVELY IMPACT MANY VETERANS
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"Getting rid of the primary basis of appeals and running off the lawyers will surely allow VA to get rid of all those pesky claims on remand."

by Larry Scott, VA Watchdog dot Org



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On May 26, 2010, VA Secretary Eric Shinseki wrote a letter to Congressional leaders urging them to consider his draft legislation titled "Veterans Benefit Programs Improvement Act of 2010."
The entire 42-page document is available here for viewing or download.

http://www.vawatchdog.org/10/nf10/nfmay10/may10files/SecyLegislation.pdf

While there are some excellent ideas in the proposed legislation, we must raise a red flag!

Analysis (below) is provided by an attorney who practices veterans' law.

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Two biggies affecting legal representation of veterans in the Secretary's proposed legislation.

1) They do away with reasons and bases for Board decisions - only "plausible" basis required. Translation, almost no Board decision could/would be overturnable at the Veterans Court.

2) They change the EAJA prevailing party definition to be limited to cases where the claim ultimately results in a monetary benefit. Translation, even if we have to pay we won't have to do it for years or decades. Not to mention that if the claimant dies and no award is ever made, VA will save both the benefit payment and the legal fee.

What lawyer is going to work for months or years on an appeal, then wait more years or decades for a rating decision to get paid EAJA which is immediately offset against the award??? 0, nada, none.

If either of these sections get into law - Game over.

Secretary said he would get rid of the backlog - this should do it. Getting rid of the primary basis of appeals and running off the lawyers will surely allow VA to get rid of all those pesky claims on remand.
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LWW
06-03-2010, 02:39 AM
Oddly enough ... our resident defender of our troops and veterans from oppressive regimes is eerily silent?

LWW

Sev
06-03-2010, 04:58 AM
The lines in Washington are burning up no doubt.