Judicial Review of Veterans' Claims: Hearing Before a Special Subcommittee of the Committee on Veterans' Affairs, House of Representatives, Eighty-sixth Congress, Second Session, on H.R. 947 [and Others] ..., Apr;il 5, 6, 7, 11, 27, 28, 29, and May 3, 1960U.S. Government Printing Office, 1960 - 1000 pages Considers H.R. 947 and similar bills, to establish legal apparatus for adjudicating veterans' claims and appeals and for reviewing decisions. Includes. a. "Rules of the U.S. Court of Claims," Dec. 2, 1957 (p. 2402-2592). b. "Origin and History of War Pensions Appeal Tribunals" England and Wales, by Harry J. Knapman, together with appendices of supporting documents, Sept. 1953 (p. 2821-3274) |
From inside the book
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Page 2273
... claim . History and organization of Organization of Rules of practice__ 2697-2702 2598-2603 2603-2613 2599-2602 Workload and personnel__ 2603 British Veterans ' Appeals System : Cases , Pensions Appeal Tribunal .. 3092-3274 Guidance of ...
... claim . History and organization of Organization of Rules of practice__ 2697-2702 2598-2603 2603-2613 2599-2602 Workload and personnel__ 2603 British Veterans ' Appeals System : Cases , Pensions Appeal Tribunal .. 3092-3274 Guidance of ...
Page 2277
... claim by the Veterans ' Administration , whether or not he has first appealed to the Board of Veterans ' Appeals . Such suits are treated as a proceeding de novo and the claimant may appeal his case as far as the Supreme Court of the ...
... claim by the Veterans ' Administration , whether or not he has first appealed to the Board of Veterans ' Appeals . Such suits are treated as a proceeding de novo and the claimant may appeal his case as far as the Supreme Court of the ...
Page 2281
... claiming to have an interest in such claim may be made parties to such action , and such as are not residents of or found within the district in which such action is brought may be brought in by order of the court to be served ...
... claiming to have an interest in such claim may be made parties to such action , and such as are not residents of or found within the district in which such action is brought may be brought in by order of the court to be served ...
Page 2282
... claim for benefits or payments under any law administered by the Veterans ' Administration shall be final and conclusive and no other official or court of the United States shall have power or jurisdiction to review by mandamus or ...
... claim for benefits or payments under any law administered by the Veterans ' Administration shall be final and conclusive and no other official or court of the United States shall have power or jurisdiction to review by mandamus or ...
Page 2283
... claim is doubtful on account of conflicting evidence , such issue shall be resolved in favor of the claimant . " § 360. Reconsideration of denied claims . " The Administrator shall promptly reconsider every claim for disability com ...
... claim is doubtful on account of conflicting evidence , such issue shall be resolved in favor of the claimant . " § 360. Reconsideration of denied claims . " The Administrator shall promptly reconsider every claim for disability com ...
Common terms and phrases
action Administrator of Veterans agency aggravation allowed amended American Legion application Article associate members attorney attributable award bill Board of Veterans Chairman claimant Clerk Commissioner committee compensation and pension condition Congress copy CORCORAN Court of Claims Death compensation decided decision degree of disablement deposition determination Disability compensation disease duty effect entitlement ERWIN MITCHELL evidence examination fact favor filed Government gratuity hearing injury issue judge judgment judicial review jurisdiction matter ment military forces Minister Ministry of Pensions MITCHELL MORSE motion notice opinion paragraph party Pensions Appeal Office Pensions Appeal Tribunals percent person petition plaintiff pleading present presumption pretrial procedure question QUIGLEY reasonable doubt recommendation record referred remanded representative request respect response Royal Warrant Rule SAYLOR service connection specific STANCIL statement statute summary judgment testimony tion trial trial de novo Tribunals Act United United States Code Veterans Appeals witness
Popular passages
Page 2485 - ... it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment.
Page 2287 - ... record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
Page 2434 - When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues.
Page 2466 - A party may interrogate any unwilling or hostile witness by leading questions. A party may call an adverse party or an officer, director, or managing agent of a public or private corporation or of a partnership or association which is an adverse party, and interrogate him by leading questions and contradict and impeach him in all respects as if he had been called by the adverse party, and the witness thus called may be contradicted and impeached by or on behalf of the adverse party also, and may...
Page 2432 - A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction...
Page 2450 - Any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery or for use as evidence in the action or for both purposes.
Page 2434 - If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense upon the merits.
Page 2419 - In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included.
Page 2451 - Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party...
Page 2456 - The officer shall certify on the deposition that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness. He shall then securely seal the deposition in an envelope indorsed with the title of the action and marked "Deposition of [here insert name of witness...