Judicial Review of Veterans' Claims: Hearings Before the Subcommittee on Oversight and Investigations of the Committee on Veterans' Affairs, House of Representatives, Ninety-eighth Congress, First Session, July 21 and July 26, 1983U.S. Government Printing Office, 1983 - 404 páginas |
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Términos y frases comunes
action Addlestone adjudication process Administrative Conference administrative law judge administrative process adversarial agency allowed amended American Bar Association American Legion Appeals Council attorney believe benefit decisions bill Board of Veterans Chairman claimant Committee on Veterans concern Cong CONGRESS THE LIBRARY constitutional cost Counsel court review court system DASCHLE Davis denied determinations discharge due process EDWARDS enactment EVANS fact favorable federal court fee limitation filed Government hearing judicial review judicial review legislation July 21 justice lawyers LIBRARY OF CONGRESS litigation matter MONTGOMERY MURPHY National percent present problem procedures question reason reconsideration record regional office regulations remand representation request resolution review of veterans Senate service organizations Social Security Administration statement testimony Thank tion title 38 U.S. District Court United United States Code VA's Veterans Administration Veterans Affairs Veterans Appeals veterans claims Veterans Due Process veterans organizations Vietnam Veterans Washington
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Página 89 - Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1954.
Página 76 - In questions of power then let no more be heard" of confidence in man, but bind him down from mischief, by the chains of the Constitution.
Página 336 - States in any court having jurisdiction of that action, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.
Página 87 - ... the decisions of the Administrator on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans and their dependents or survivors shall be final and conclusive and no other official or any court of the United States shall have power or jurisdiction to review any such decision by an action in the nature of mandamus or otherwise.
Página 185 - The Supreme Court has declared that 'the United States, when it creates rights in individuals against itself, is under no obligation to provide a remedy through the courts;
Página 346 - ... (b) ) . § 404.966 Change of ruling or legal precedent. "Good cause" shall be deemed not to exist where the sole basis for reopening the determination or decision is a change of legal interpretation or administrative ruling upon which such determination or decision was made. § 404.967 General applicability. The provisions of...
Página 347 - Such initial or reconsidered determination or decision is unfavorable, in whole or in part, to the party thereto but only for the purpose of correcting clerical error or error on the face of the evidence on which such determination or decision was based. [25 FR 1677, Feb. 26, 1960, as amended at 28 FB 14492, Dec. 31, 1963] § 404.958 Good cause for reopening a determination or decision. "Good cause...
Página 346 - Council, may be granted if the claimant shows that he had good cause for failing to file his request within the appropriate time limit. The decision as to whether or not to grant the extension is made by the office...
Página 347 - An adverse claim has been filed against the same earnings account; or (3) An individual previously determined to be dead, and on whose account entitlement of a party was established, is later found to be alive; or (4) The death of the individual on whose account a party's claim was denied for lack of proof of death is established by reason of his unexplained absence from his residence for a period of 7 years (see...