Hayes v. Brown

No. 93-7095 (Fed. Cir. filed Dec. 13, 1993) ; Clearinghouse Number: 49619

Description

Amicus Argues Policy Allowing Consideration of Evidence Supplied by Board of Veterans' Appeals' Doctors Is Invalid

Abstract

Amicus has filed a brief in the Federal Circuit in this action challenging the Board of Veterans' Appeals (BVA)'s policy of accepting evidence from doctors on BVA's staff in claims pending before it. Amicus is a Vietnam-era veteran whose claim for compensation benefits was denied on the basis of a BVA staff doctor's opinion. He alleges that, pursuant to a memorandum issued in June 1991, BVA reversed its prior policy and authorized BVA panels to use opinions from medical advisors on BVA's staff as evidence in veterans' appeals. Amicus argues that BVA failed to provide an explanation of the reasons for the change, as required by Ú Ú”Motor Vehicle Manufacturers' Association v. State Farm Mutual Automobile Insurance Co.•, 463 U.S. 29 (1983). In addition, amicus argues that BVA violated 5 U.S.C. § 552(a)(1) by failing to publish notice of the policy change and that the policy is inconsistent with BVA's published regulations at 38 C.F.R. § 20.901. Finally, amicus argues that BVA's acceptance of evidence from doctors on its staff violates claimants' due process rights to a fair, impartial, and independent administrative tribunal.

Additional Information

Attorney Information
Amicus curiae represented by William Fraser, Advocates for Basic Legal Equality, 512 Madison Ave., Toledo, OH 43604, (419) 255-0814.
Docket Date
1993-12-13 00:00:00+00:00

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