Memo regarding Haas Appeal - October 30 update


We will not know the precise grounds for the appeal until the VA files their brief, which will be due in about three months. Iím not sure if we will be posting this on our website, since the VA has not asked the Court to stay its decision and our old advice regarding blue water claims is still relevant. Also, the person who runs our website is out of town until next week. But, feel free to tell other people that the VA has appealed Haas.

Richard V. Spataro

Staff Attorney
National Veterans Legal Services Program
1600 K Street, NW, Suite 500
Washington, DC 20006-2833
Tel: (202) 265-8305, ext. 149
Fax: (202) 328-0063
Email: rick_spataro@nvlsp.org


Follow-up Memo - October 31 update


Thanks to Linda Herrin, moderator of http://groups.yahoo.com/group/BlueWaterNavy for providing this email:

Last week, the Secretary filed a response to the Courtís Order directing the Secretary, among other things, to explain why the procedure requiring advanced judicial sanction mandated by a previous case (Ramsey v. Nicholson) was not followed when the BVA unilaterally stayed cases that might be affected by the Haas decision. The response was very long. In essence, the Secretary argued that the Courtís language in Ramsey was non-binding dicta, and the VA is not required to request a stay of the adjudication of Haas-like cases before imposing a unilateral stay on those cases. We will be filing a reply to the VAís response in the coming days.

Additionally, as we expected, the VA filed an appeal of the Haas decision late last week.

Sincerely,

Rick

Richard V. Spataro
Staff Attorney
National Veterans Legal Services Program
1600 K Street, NW, Suite 500
Washington, DC 20006-2833
Tel: (202) 265-8305, ext. 149
Fax: (202) 328-0063
Email: rick_spataro@nvlsp.org


Nov 3 update - Appealing the Haas Ruling

What is the expected procedure?

Thanks to Susan Belanger

Sue,
You may post the following:

Generally, the appeal process in the U.S. Court of Appeals for the Federal Circuit takes about one year from start to finish. In a nutshell, the Court waits about one month to give the appellee an opportunity to file any cross-appeals. Then the Court will docket the case, and the VA will have about two months to file their brief. We will then file our brief in response, and the VA will have the opportunity to file a reply brief. Next, typically the Court will schedule oral argument and we will argue our case before a panel of the Court. Finally, the Court will issue its decision. You can find more detailed information at the Court's website: http://www.fedcir.gov/

Sincerely,
Richard V. Spataro

Staff Attorney
National Veterans Legal Services Program
1600 K Street, NW, Suite 500
Washington, DC 20006-2833
Tel: (202) 265-8305, ext. 149


RETURN TO the Summary Page