Tuesday, March 11, 2008

Court Update – No news on Haas, but…

In the past week the US Court of Appeals for the Federal Circuit, the panel that is currently considering the Haas case on appeal by the VA, has posted a list of cases involving appeals to the decisions of the US Court of Appeals for Veterans Claims. The list is stunningly large.

At this point, since last Wednesday, the court has disposed of well over 100 Veterans’ cases. We have no idea what those appeals were about but the majority of them were remanded back to the USCAVC for further disposition. We think this means that the Veterans’ court has probably been doing something consistently wrong, according the Federal Circuit Appeals court.

We have been watching the daily dispositions, opinions and orders of the Federal Circuit court since the oral arguments in the Haas case last November. It has been more than four months since those arguments were presented, and during those four months, there have seldom been more than four cases dealing with Veterans appeals disposed of each day, usually with the higher court noting it did not have jurisdiction over factual matters in the US Court of Appeals for Veterans Claims.

Until last week.

Coming on the heels of last months request for more information from the Court of Appeals for Veterans Claims, we suspect that the court has hit on something during its investigation of the Haas case. If this is the case, we think there may be some movement soon on Haas, and we think the court has perhaps found something the lower court has been doing on a regular basis and the decisions they’ve been handing down over the past week may be paving the way for a positive outcome for the rest of us who have pending Haas claims with the VA.

We may be 180 degrees off on this, but we can’t figure an alternate scenario that fits. Regardless, most of the suggestions above are merely layman's conjecture. However...

Stay tuned. Keep a positive outlook. And of course, “hurry up and wait


"With malice toward none; with charity for all; with firmness in the right, as God gives us to see the right, let us strive on to finish the work we are in; to bind up the nation's wounds; to care for him who shall have borne the battle, and for his widow, and his orphan--to do all which may achieve and cherish a just and lasting peace, among ourselves, and with all nations." -- President Abraham Lincoln

"Without a decisive naval force we can do nothing definitive, and with it, everything honorable and glorious." --President George Washington

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