Petition to amend 38 CFR § 3.654(b)(2) to correct discrepancies between the rule and the underlying law to ensure that disabled veterans receive eligible disability benefits
WASHINGTON, DC, Jan. 11, 2023 (GLOBE NEWSWIRE) — The New Civil Liberties Alliance and the Concerned Veterans for America Foundation (CVAF) today announced to the U.S. Department of Veterans Affairs (VA) the controversial Disability Benefits Payment of benefits to veterans who were deemed eligible for veterans but subsequently temporarily returned to active duty. Current regulations deny many disabled veterans the benefits they are entitled to under federal law. NCLA and CVAF urge veterans to do the right thing. Amend the rules to restore disability benefits for veterans returning to active duty the moment they leave active duty.
NCLA represented Thomas Buffington. Buffington was denied benefits based on his VA’s decision to make arbitrary rules with no statutory basis after he served more than nine years in the U.S. Air Force and was disabled during that service. rice field. The VA gave Mr. Buffington disability benefits that were significantly lower than his statutory entitlement. his lawsuit, Thomas H. Buffington vs. Dennis McDonaghwas brought to the U.S. Supreme Court, but was denied review.
Supreme Court Justice Neil Gorsuch sharply criticized the regulation Buffington challenged. In an opinion opposing the dismissal of Buffington’s petition, discretionary warrant, J. Gorsuch said: … [T]Hose who served in the Armed Forces deserves better recognition from our agencies and courts. ” Clearly, no single judge was involved Buffington The lawsuit agreed with the VA’s contention that the current rules reflect the best interpretation of the underlying statute.
Even the VA itself only justifies regulation on dubious policy grounds. VA asserted at Buffington The lawsuit that the threat of forfeiture of benefits against those who delay seeking reinstatement of benefits motivates veterans to file applications in a timely manner after leaving active service. But such an argument does not justify ignoring the plain language of the law. Moreover, veterans’ policy discussions are under-considered because veterans with disabilities already have an incentive to notify veterans as soon as active service ends. Veterans cannot resume payments until they know someone has ended active service, so veterans should notify veterans immediately to avoid delays in receiving outstanding benefits.
NCLA and CVAF agreed that the VA would repeal its indiscreet rule and tighten up the rule adopted by the Veterans Administration in 1961 that mandated the immediate reinstatement of disability benefits after a veteran was released from active duty. I propose to revise it to reflect
NCLA issued the following statement:
“The court stayed the VA’s interpretation of the statute at issue, finding that the VA’s interpretation was “reasonable,” even though it was not the best interpretation of the language adopted by Congress. bottom. But the VA should not cling to flawed and intolerant interpretations that deny benefits payments to veterans like Mr. Buffington. VA’s obligations are: number one Decree reading; in this case, it means resuming disability payments as soon as the veteran is released from active duty. “
— Rich Samp, Senior Litigation Attorney, NCLA
NCLA is a nonpartisan, non-profit civil rights organization founded by noted legal scholar Philip Hamburger to protect constitutional freedoms from violations by executive states. NCLA’s public interest litigation and other pro bono advocacy endeavors to curb the unlawful power of state and federal agencies and promote new civil liberties movements that help restore the fundamental rights of the American people.
CONTACT: Judy Pino New Civil Liberties Alliance 202-869-5218 email@example.com