Recently, a Federal Circuit Court judge chastised the Department of Veterans Affairs (VA) for allowing the agency's Board of Veterans' Appeals to continue to use a disputed procedural rule in hearings – despite the VA's expressed promise to no longer employ the rule.
Specifically, the rule in question – which was not supposed to used – limited certain due process rights for veterans seeking benefits before the Board of Veterans' Appeals. The court found the continued application of this rule so egregious that it believes sanctions may be appropriate. Furthermore, the court ordered the government to now show cause why sanctions should not be enforced against the responsible officials.
Due process rights in VA benefits process
The veterans' benefits system in the United States was supposed to be designed to be very veteran-friendly. In fact, various procedural due process and appellate rights are afforded to veterans seeking benefits.
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