VA Administrative Procedure and Judicial Review Act: Hearings Before the Committee on Veterans' Affairs, United States Senate, Ninety-fifth Congress, First Session, on S. 364 and Related Bills |
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Page 36
... Veterans ' Appeals . " 4052. Provisions relating to judges . " 4053. Jurisdiction of the court . " 4054. Review by the court . " 4055. Attorneys and agents . " 4056. New and material evidence . 1 " Sec . 2 " SUBCHAPTER II . - II 36.
... Veterans ' Appeals . " 4052. Provisions relating to judges . " 4053. Jurisdiction of the court . " 4054. Review by the court . " 4055. Attorneys and agents . " 4056. New and material evidence . 1 " Sec . 2 " SUBCHAPTER II . - II 36.
Page 37
... judges to act as chief judge . " ( b ) The court shall hold at the seat of government an 11 annual term at a time to be fixed by rule of court . 10 12 " ( c ) The court may prescribe its own rules of procedure 13 and determine the ...
... judges to act as chief judge . " ( b ) The court shall hold at the seat of government an 11 annual term at a time to be fixed by rule of court . 10 12 " ( c ) The court may prescribe its own rules of procedure 13 and determine the ...
Page 38
... judges 5 " ( a ) Each judge of the court shall be entitled to salary 6 at the rate prescribed for the judges of the Court of Claims , and shall be eligible for reappointment . 7 8 9 " ( b ) No person may be appointed as a judge of the ...
... judges 5 " ( a ) Each judge of the court shall be entitled to salary 6 at the rate prescribed for the judges of the Court of Claims , and shall be eligible for reappointment . 7 8 9 " ( b ) No person may be appointed as a judge of the ...
Page 39
... Judges of the court may be removed by the 4 President , upon notice and hearing , for neglect of duty or 5 ... judge of the court shall re- 9 ceive all necessary traveling expenses and a per diem allow- 10 ance as provided in sections ...
... Judges of the court may be removed by the 4 President , upon notice and hearing , for neglect of duty or 5 ... judge of the court shall re- 9 ceive all necessary traveling expenses and a per diem allow- 10 ance as provided in sections ...
Page 52
... judge of its own power . The Administrator of Veterans ' Affairs has at his dis- cretion , the power to write rules and regulations , which set policy , without hav- ing to answer to any questions raised by interested parties affected ...
... judge of its own power . The Administrator of Veterans ' Affairs has at his dis- cretion , the power to write rules and regulations , which set policy , without hav- ing to answer to any questions raised by interested parties affected ...
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action adjudication Adminis Administrative Procedure Act Administrator of Veterans Alan Cranston allow amendment American Bar Association American Legion assistance attorney fee award Bar Association believe bill Board of Veterans Chairman CRANSTON claimant claims Committee on Veterans compensation Congress constitutional counsel decisions denied dependents determination due process educational eligibility enacted entitled fact Federal court Federal district courts fee limitation filed final Gary Hart GOLEMBIESKI Government Guerrero hearing honorable discharges involved issue judges judicial review jurisdiction Justice legislation less than honorable liability ment military National overpayment pension percent plaintiffs present problems proceedings programs proposed question reasonable received record regional office regulations represent representation res judicata rules Senator STONE Senator THURMOND service officers service organizations service-connected social security Social Security Administration statement statute statutory testimony Thank tion title 38 United States Code Veterans Administration Veterans Affairs Veterans Appeals
Popular passages
Page 575 - States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. (b) General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law.
Page 575 - This section applies, according to the provisions thereof, in every case of adjudication required by statute to 'be determined on the record after opportunity for an agency hearing...
Page 313 - ... 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.
Page 67 - In determining the amount of the fee, it is proper to consider : (1) the time and labor required...
Page 433 - Factors to be considered as guides in determining the reasonableness of a fee include the following: (1) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly. (2) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer.
Page 241 - An employee or agent engaged in the performance of investigative or prosecuting functions for an agency in a case may not, in that or a factually related case, participate or advise in the decision, recommended decision, or agency review...
Page 258 - For the purpose of this subchapter — (1) ' agency" means each authority of the Government of the United States, whether or not it is within or subject to review by another agency...
Page 363 - All decisions rendered by the Administrator of Veterans' Affairs under the provisions of this title, or the regulations issued pursuant thereto, shall be final and conclusive on all questions of law and fact, and no other official or court of the United States shall have jurisdiction to review by mandamus or otherwise any such decision. SEC. 6. In addition to the pensions provided in this title, the Administrator of Veterans...
Page 175 - Affairs under the provisions ... of this title or the regulations issued pursuant thereto, shall be final and conclusive on all questions of law and fact, and no other official or court of the United States shall have jurisdiction to review by mandamus or otherwise any such decision." In 1940 Congress by a further Act, 54 Stat. 1197, 38 USC § lla-2, provided that: "Notwithstanding- any other provisions of law, . . . the decisions of the Administrator of Veterans...
Page 9 - must do more than create a suspicion of the existence of the fact to be established. * * * it must be enough to justify, if the trial were to a jury, a refusal to direct a verdict when the conclusion sought to be drawn from it is one of fact for the jury.