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The United States Court of Appeals for Veterans Claims will hear oral argument in the case of McDowell v. Shinseki, at NCCU School of Law on April 8, 2009, at 10:00 a.m. The panel hearing the case consists of Chief Judge Greene, Judge Hagel, and Judge Schoelen. Arguing the case for Mr. McDowell is Douglas J. Rosinski, Esq. Arguing for the Secretary is Erika E. Liem, Esq. Each side has been allotted 30 minutes to argue.
The United States Court of Appeals for Veterans Claims was created under Article I of the Constitution by the Veterans’ Judicial Review Act (Pub. L. No 100-687) on November 18, 1988. Originally named the United States Court of Veterans Appeals, the Court was renamed in 1999 by the Veterans Programs Enhancement Act of 1998. The Court’s seven judges are appointed by the President, and confirmed by the Senate. Statutes pertaining to the court are codified in chapter 72 of title 38, United States Code. This federal Court is not part of the Department of Veterans Affairs (VA). It is not connected to the Board of Veterans’ Appeals (BVA), which is an administrative body within VA.
The Court reviews final decisions of the BVA and also has power under the All Writs Act to entertain petitions in aid of its jurisdiction. It is empowered to entertain applications for legal fees under the Equal Access to Justice Act. Only aggrieved claimants for veterans benefits may appeal to the Court. Most cases deal with entitlement to disability or survivor benefits derivative of military service, or the amount of those benefits. However, some cases involve education benefits, life insurance, home loan foreclosure, or waiver of indebtedness. The Court’s precedential opinions are published in West’s Veterans Appeals Reporter, in Westlaw and Lexis, and on the Court’s website – www.vetapp.gov.
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