VA Wins Stay - Claims Can Be Held


On April 13, the US Court of Appeals for Veterans Claims ruled in favor of advancing the claim of Nicholas Ribaudo as well as other compelling (hardship) cases then-docketed with the Board of Veteran Appeals. However, it uphelp the VAs motion to stay the effect of Haas and dismissed all other elements requested in the NCLSP filing. That means that the USCAVC has ruled it legal for the VA to sit on all other Blue Water Navy claims for Agent Orange compensation. This Stay Order will remain in effect until the final ruling on the Haas Case is rendered by the U.S. Court of Appeals for the Federal Circuit.

Here is the Full Court Opinion for this Ruling.

The actual Orders are on page 10. They allow for a *possibility* of "compelling cases" currently docketed for the Board of Appeals to be ruled on, at the discretion of the VA. That is the element of the "partial" nature of the Order.

However, several of the dissenting opinions, which are shown below the Orders (after page 10), were overwhelmingly against this decision, and even the supporting opinions noted certain irregularities in the VA's petition.


Please see the NVLSP web site for additional infomation.


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