Partially disabled veterans whose benefits are suspended when they are recalled to active duty are not automatically entitled to benefits once their tours of duty end, a divided federal appeals court held.
In a 2-1 decision Friday, the U.S. Court of Appeals for the Federal Circuit upheld a Veterans Affairs regulation under which the veteran must apply for “recommencement” of benefits, with the cutoff date for any past-due benefits set at one year before the application date.
The majority, however, said the pro-veteran canon did not apply because the statute was silent, not ambiguous: Congress specified that disability benefits end the day before active duty begins, but never stated when they would resume. Circuit Judge Kathleen O’Malley dissented, saying there was no gap for the regulation to fill because the “plain text of Title 38” discontinues veterans’ benefits only “during ‘any period’ of active service pay.”
According to the Federal Circuit, Buffington served in the Guard from 1992 until 2000, when he was diagnosed with service-related tinnitus and assigned a 10 percent disability rating.
Brasil Últimas Notícias, Brasil Manchetes
Similar News:Você também pode ler notícias semelhantes a esta que coletamos de outras fontes de notícias.
Dollar hits four-month high on euro as markets bet on earlier Fed taperThe dollar climbed against major peers on Monday, reaching a four-month high versus the euro, as traders positioned for an earlier tapering of Federal Reserve stimulus.
Consulte Mais informação »
Strong jobs report is not a game changer for Fed policy, Wells Fargo suggestsWells Fargo Securities' Michael Schumacher believes it's premature to assume July's strong numbers will push the Fed meaningfully closer to tapering.
Consulte Mais informação »
Judge orders Oklahoma to resume paying $300 weekly federal unemployment benefitsOklahoma County District Judge Anthony Bonner Jr. prohibited the state from withdrawing from the federal program until it expires on September 6
Consulte Mais informação »
Philippine President Duterte has shown how not to handle ChinaAppeasement has brought few benefits and undercut a regional approach | Leaders
Consulte Mais informação »
Covid-19: Quarantine-free travel to France resumes as UK rules changeSome travel firms report a 'surge' of bookings but others say it is 'too late to save the summer'.
Consulte Mais informação »