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Full-Text Articles in Administrative Law
Recovering An Institutional Memory: The Origins Of The Modern Veterans Benefits System, 1914 To 1958, James Ridgway
Recovering An Institutional Memory: The Origins Of The Modern Veterans Benefits System, 1914 To 1958, James Ridgway
James D. Ridgway
Tracing statutory and regulatory history in veterans law can be exceptionally difficult. Although judicial review has only been available for a little more than two decades, the modern veterans benefits system evolved -- more by happenstance than design -- from the system that was originally adopted to serve WWI veterans. Tracing key statutory and regulatory provisions to their true origin is not easy because much of the legislative and regulatory history for veterans law provisions in the United States Code and the Code of Federal Regulations is simply incorrect. Moreover, even if a provision were traced past the false origins …
Fresh Eyes On Persistent Issues: Veterans Law At The Federal Circuit In 2012, James Ridgway
Fresh Eyes On Persistent Issues: Veterans Law At The Federal Circuit In 2012, James Ridgway
James D. Ridgway
Since the advent of judicial review of veterans claims over twenty years ago, representatives of veterans have chafed at the jurisdictional limits of the Federal Circuit. They have struggled to draw the court into a more active role in both reviewing individual decisions of the Court of Appeals for Veterans Claims (CAVC) and prodding the CAVC toward reversing the Department of Veterans Affairs’ Board of Veterans’ Appeals (BVA) more frequently. In 2012, there was a broad yet unsuccessful effort by veterans representatives to revisit the limits of judicial review. This article examines that effort, and explains that the dissatisfaction that …