Judicial Review of Veterans' Claims: Hearing, Eighty-seventh Congress, Second Session on H.R. 282, H.R. 775, H.R. 849, and H.R. 6723. February 20, 21, 26, March 1, 5, 1962
U.S. Government Printing Office, 1962 - 341 páginas
Considers legislation to establish a Court of Veterans' Appeals to conduct judicial review of veterans claims. Includes excerpts from House Veterans Affairs Committee Print, "Findings of Fact and Conclusions of Law in Decisions of the Board of Veterans' Appeals" (Aug. 14, 1961 p. 1725-1801).
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action active Administration agency aggravation amended American appointed attorney authority basis believe benefits bill Board of Veterans BRICKFIELD Chairman claim claimant Code commissioners committee compensation CONCLUSIONS condition Congress considered correct counsel course court death decision denied Department determine disability discharge disease District duty effect error establish evidence examination existed fact feel field filed final findings FINDINGS OF FACT further give Government granted hearing increase involved issue January Judge judicial review June jurisdiction KORNEGAY March marriage matter military operation opinion organization pension percent period persons position practice PREPARED present presumption prior procedure proposal question reason received record referred regional office represent res adjudicata result Rule SAYLOR service connection severed statement subcommittee submitted tion United Veterans Administration Veterans Appeals widow
Página 1878 - Affairs on any question of law or fact concerning a claim for benefits or payments under this or any other Act administered by the Veterans Administration 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 decisions.
Página 1879 - The judgment and decree of the court affirming, modifying, or setting aside, in whole or in part, any such order of the Commission shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in sections 239 and 240 of the Judicial Code, as amended (USC, title 28, sees. 346 and 347).
Página 1888 - That no suit against the Government of the United States shall be allowed under this paragraph unless the same shall have been brought within six years after the right accrued for which the claim is made: Provided, That the 'claims of married women.
Página 1846 - In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Sunday nor a holiday.
Página 1817 - Guard, who is a graduate of an accredited law school or is a member of the bar of a Federal court or of the highest court of a State...
Página 1966 - ... or otherwise reviewed on the record of an agency hearing provided by statute; or (6) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court.
Página 1847 - ... court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect...
Página 1879 - Any person -who shall, directly or indirectly, solicit, contract for, charge, or receive, or who shall attempt to solicit, contract for, charge, or receive any fee or compensation, except as herein provided, shall be guilty of a misdemeanor, and for each and every offense shall be punishable by a fine of not more than $500 or by imprisonment at hard labor for not more than two years, or by both such fine and imprisonment.
Página 1839 - Appeals shall act only with respect to the findings and sentence as approved by the convening authority and as affirmed or set aside as incorrect in law by the board of review.
Página 1879 - Infants, insane persons, or persons under other legal disability, or persons rated as incompetent or insane by the bureau shall have three years in which to bring suit after the removal of their disabilities. If suit is seasonably begun and fails for defect in process, or for other reasons not affecting the merits, a new action, if one lies, may be brought within a year though the period of limitations has elapsed.