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 |
From inside the book
Results 1-5 of 100
Page 15
... practice , it is quite possible that it would have a detrimental effect on the availability of physicians for employment with the Veterans Administration . Simi- lar considerations would apply to the present use by the Board of Veterans ...
... practice , it is quite possible that it would have a detrimental effect on the availability of physicians for employment with the Veterans Administration . Simi- lar considerations would apply to the present use by the Board of Veterans ...
Page 16
... practices . For over 100 years the law has contained provisions reenacted several times establishing a fee limita- tion for attorneys and claims agents representing claimants before the Veterans ' Administration for benefit purposes ...
... practices . For over 100 years the law has contained provisions reenacted several times establishing a fee limita- tion for attorneys and claims agents representing claimants before the Veterans ' Administration for benefit purposes ...
Page 18
... practices by attorneys , but it also reflects a congressional judgment that VA proceedings are non - adversary and thus retained counsel are unnecessary . Upon remand the court in Staub v . Roudenbush , 424 F. Supp . 1346 ( D.D.C. 1976 ) ...
... practices by attorneys , but it also reflects a congressional judgment that VA proceedings are non - adversary and thus retained counsel are unnecessary . Upon remand the court in Staub v . Roudenbush , 424 F. Supp . 1346 ( D.D.C. 1976 ) ...
Page 21
... practice before the Veter- ans ' Administration only at the Board of Veterans Appeals level ( where independent review is permitted ) would facilitate adequate attorney representation for the claimant while preserving the non- adversary ...
... practice before the Veter- ans ' Administration only at the Board of Veterans Appeals level ( where independent review is permitted ) would facilitate adequate attorney representation for the claimant while preserving the non- adversary ...
Page 38
... practice of law for seven or more years . No person may be 12 appointed as a judge of the court who within the two - year 13 period preceding his appointment has been a civilian officer 14 or employee of the United States serving in the ...
... practice of law for seven or more years . No person may be 12 appointed as a judge of the court who within the two - year 13 period preceding his appointment has been a civilian officer 14 or employee of the United States serving in the ...
Other editions - View all
Common terms and phrases
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.