WASHINGTON — The wars in Iraq and Afghanistan have left nearly 40,000 U.S. troops wounded, caused veterans' disability claims to spiral and now brought new urgency to a legal fight over deadlines for claims.
The Supreme Court on Monday will hear a case testing whether a veteran — in this situation, from the Korean War with severe mental illness — should be prevented from appealing a Department of Veterans Affairs denial of benefits if he missed a 120-day time limit for judicial review of the decision.
Advocacy groups that have joined the case say the dilemma for vets navigating the claims system is especially compelling today and the need for flexibility in filing deadlines even more important.
"We've seen, as you would expect, a spike in disability claims during wartime," says lawyer Gregory Garre, representing the National Organization of Veterans' Advocates. "In these conflicts we've also seen a rise in traumatic stress injuries, psychological injuries and other problems that would cause a veteran to miss a deadline for appeal."
"Disabled veterans are sometimes hospitalized for extended periods of time, beyond 120 days," adds William Mailander, general counsel for the Paralyzed Veterans of America. "They may not be getting their mail and may not even know that a decision has been made."
Department of Veterans Affairs lawyers counter that the 120-day deadline is set by federal statute and that it is up to Congress, not judges, to add any flexibility.
*snip*
In the veteran's dispute, a U.S. appeals court relied on the 2007 case, Bowles v. Russell, and declared the 120-day time limit a firm rule barring any judicial exceptions. It rejected an appeal from Korean War veteran David Henderson, who was found 100% disabled with paranoid schizophrenia after his service in the early 1950s.
The current case began in 2001 when Henderson, living in North Carolina, sought monthly benefits for in-home care related to his condition.
Henderson's lawyers say he missed the 120-day deadline for appealing the VA's denial by 15 days because he was bedridden from the very disability for which he needed benefits.
The Veterans Court, a special court that hears appeals from the VA's administrative process, said it could not grant a deadline extension for any reason. The U.S. Court of Appeals for the Federal Circuit affirmed, based on the high court's 2007 decision, saying federal time limits are not subject to judges' discretion unless Congress has written such flexibility into the law. Some of the judges in the Federal Circuit majority noted, however, that "the rigid deadline of the existing statute can and does lead to unfairness."
Henderson died on Oct. 24 this year at age 81, and his wife, Doretha, has taken over the appeal.
Washington lawyer Lisa Blatt, representing Henderson at the high court, argues that Congress wrote the 120-day time limit in a way that allows the Veterans Court judges to make exceptions when they deem it necessary.
"The overarching thrust of the veterans' disability scheme," she tells the justices in her brief, "is decisively pro-veteran. It defies credulity that Congress intended to impose an anti-veteran jurisdictional rule in an otherwise pro-veteran scheme." She says the 2007 high court case, involving a different federal law and different context, should not control the veterans' situation.
In an interview, Blatt added, "This case is important to a significant number of veterans."
Many women in the military face the added threat of sexual violence. In a study of 21,800 women veterans who served in Iraq, 15 percent experienced sexual assault or harassment while in the service.
the concessions that he won from the GOP are so important. As part of the deal, expiring unemployment benefits for millions of Americans will be extended for 13 months. Just as importantly, there is now a real prospect that the Senate will act on repeal of the "Don't Ask, Don't Tell" policy and ratification of the START treaty before this month's lame duck session ends. Is extending tax cuts for the richest Americans (and blowing another hole in the deficit in the process) a steep price to pay for all of this? Absolutely. But that's politics: Obama took the best deal he could possibly get.
5) Business expensing: Remember back in September, when the White House announced a proposal to give businesses two years in which they could deduct 100 percent of the cost of new investments? That's in the deal, too. The cost of this is a bit complicated -- it's $30 billion over 10 years, but it works by offering huge tax cuts in the next two years and then paying that back over the next eight. So we're basically trying to shift business investment forward to 2011 and 2012. Over those two years, the tax breaks should be around $200 billion, though because it's a shift rather than a cut, it will have less than $200 billion in im
Rep. Michele Bachmann (R-Minn.), the chairwoman of the House Tea Party Caucus, said Republicans could balk at voting to extend all the tax cuts for two years if it's tied to a long-term extension of jobless benefits.
"I don't know that Republicans would necessarily go along with that vote. That would be a very hard vote to take," Bachmann said on conservative talker Sean Hannity's radio show on Monday.
Quote by Raine:
Very depressing but informative blog, Tri.
I feeling a little bit better about things thins morning. Ezra Klein Writes that it's not totally awful.
Quote by BobR:Quote by Raine:
Very depressing but informative blog, Tri.
I feeling a little bit better about things thins morning. Ezra Klein Writes that it's not totally awful.
I am somewhat bummed about this. I know the tax-cuts are going to hurt in the long term, but we might not even make it to the long term as a country without the short-term concessions from the Republicans on unemployment insurance, etc.
What I think is missing from the discussion is that a lot of the outrage from the left is not that tax cuts were extended, but that the Repbulicans "won". This seems more about vengeance than what's best for the country.
Quote by BobR:Quote by Raine:
Very depressing but informative blog, Tri.
I feeling a little bit better about things thins morning. Ezra Klein Writes that it's not totally awful.
I am somewhat bummed about this. I know the tax-cuts are going to hurt in the long term, but we might not even make it to the long term as a country without the short-term concessions from the Republicans on unemployment insurance, etc.
What I think is missing from the discussion is that a lot of the outrage from the left is not that tax cuts were extended, but that the Repbulicans "won". This seems more about vengeance than what's best for the country.
Quote by wickedpam:
I don't know, maybe that's how I feel, that I'm tired of bowing to the the will of the repubs. But I'm also tired of the rich getting away with dumping everything on the middle class and the middle class shrugging their collective shoulders and taking it.
I mean I saw an article on yahoo yestday proclaiming that if you have a million dollars you not really rich. WTF?!
Quote by Scoopster:Quote by BobR:Quote by Raine:
Very depressing but informative blog, Tri.
I feeling a little bit better about things thins morning. Ezra Klein Writes that it's not totally awful.
I am somewhat bummed about this. I know the tax-cuts are going to hurt in the long term, but we might not even make it to the long term as a country without the short-term concessions from the Republicans on unemployment insurance, etc.
What I think is missing from the discussion is that a lot of the outrage from the left is not that tax cuts were extended, but that the Repbulicans "won". This seems more about vengeance than what's best for the country.
It's not vengeance at all. When the Republicans get what they want, the entire country is punished. And they didn't just get a "win" now either - they get another shot at it in two years, while they have control of the House and just in time for another presidential election campaign.
Quote by Raine:I'm not saying I agree with this *deal* at all, and you guys know me well enough to know I agree with how you feel about this.Quote by wickedpam:
I don't know, maybe that's how I feel, that I'm tired of bowing to the the will of the repubs. But I'm also tired of the rich getting away with dumping everything on the middle class and the middle class shrugging their collective shoulders and taking it.
I mean I saw an article on yahoo yestday proclaiming that if you have a million dollars you not really rich. WTF?!
I just don't see what the benefit would be to have them expire - only to have the GOP voting to make them permanent. That is a real concern. AND-- you KNOW it would be blamed on Obama that he raised taxes.
Personally at this point, I'd like to call them the Obama tax cuts now.
Also -- I really think we NEED UI. I also think the Administration DOES wanna get DADT and the Start treaty done.
Quote by wickedpam:
I don't know that either way there was no "win" for us - the Dems are damned if they do and damned if they don't. I attribute that to not controlling our message
Quote by Scoopster:
Some clarification on the SS "tax holiday" thing in the deal, from a employment tax insider.
This makes me feel a little bit better about that part..
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Mala, BTW I wont to correct something form yesterday -- It was Wilmington Ohio -- and here is the MEdia Matters Story.
Quote by wickedpam:
AARGGGHHHH! and the person I want to actually hit strikes again!!!!!!
Quote by Raine:What now???Quote by wickedpam:
AARGGGHHHH! and the person I want to actually hit strikes again!!!!!!
Do I need to come out there?
Quote by Raine:Yes.Quote by wickedpam:
I don't know that either way there was no "win" for us - the Dems are damned if they do and damned if they don't. I attribute that to not controlling our message
the messaging is atrocious. The Media also likes to feel the GOP narrative.
Our analysis of the framework tax agreement that President Barack Obama announced yesterday, including additional tax cuts and an extension of unemployment insurance, finds that 2.2 million jobs will be the end result. In this time of economic distress, millions of new jobs are, of course, very welcome. It is, however, unfortunate that these jobs have to come from an agreement that is a balance between large, unneeded, bonus tax breaks for the wealthiest Americans and the needed continuation of unemployment benefits, middle-class tax relief, and additional help for the economy for the rest of us.
Quote by Scoopster:
Hmm.. Obama's scheduled another presser today at 2:20..
Quote by Raine:Quote by Scoopster:
Hmm.. Obama's scheduled another presser today at 2:20..
I may have to pop some corn for this one.
Quote by Raine:
Well, I thought that was really good. You guys?
Quote by Scoopster:Quote by Raine:
Well, I thought that was really good. You guys?
I wasn't able to watch (working) but was following it on TPM.
One of the things that I disagree with him on is the idea of no collateral damage. The problem is either way you go, there's collateral damage.
- If you let Bushco's taxcut bonanza expire, rates go back to Clinton-era levels and the Republicans get forced back into a position of blocking everything, which they've been doing all along anyways. We probably get no UI extension, no START treaty, no Defense Auth w/ DADT, and things stew for a while until Boehner's house passes some unfathomable bill that we can hammer all the way to 2012. But the Repubs are put in their fucking place and they know Obama won't flinch when shit gets tough.
- If you do what Obama did and kick the can down the road, the middle class gets an extra year of life support... while the rich get to pile MILLIONS MORE onto their fortunes and donate it to scumbag 503c groups. That's tax revenue that otherwise could have been spent to create jobs, or cut the deficit to nullify the tea party argument. But most importantly, you give the Republicans a signal that you're willing to negotiate on their terms - a gigantic sign of weakness that they will continue to exploit day after day after month and into the next election.
Quote by Scoopster:
BTW I'm trying really hard not to be as pissed off as a lot of other people are at Obama right now..
I tend to think that unemployment benefits are really important.
Look I am unhappy about the Bush tax cuts being extended -- but at least they are not permanent. I hope you read the other things I posted today -- there are some really good things in this deal.
I'm also really not -- and never was one of those people who feel like the middle class should be punished in order for the GOP to be left explaining it. They never will.
The GOP wants the cuts to expire so they can play the hero next year. Make no mistake about that.
There are some good things in this. I would hope that I can disagree with many parts of this plan without having to say I no longer support the President.
Quote by wickedpam:
Yahoo is reporting that Elizabeth Edwards has pasted away
Quote by Raine:Quote by wickedpam:
Yahoo is reporting that Elizabeth Edwards has pasted away
I'm so sad.
She was such a good person. She fought for what she believed in.
This is so so tragic.Her children lost a mother. America lost a champion.