81 Cited authorities

  1. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,428 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete
  2. Mathews v. Eldridge

    424 U.S. 319 (1976)   Cited 15,584 times   42 Legal Analyses
    Holding that a procedure based on written submissions was adequate because it included safeguards against mistake including that the agency informed the recipient of its tentative assessment and the evidence supporting it and an opportunity was then afforded the recipient to submit additional evidence "enabling him to challenge directly the accuracy of information in his file as well as the correctness of the agency's tentative conclusions"
  3. Rizzo v. Goode

    423 U.S. 362 (1976)   Cited 13,141 times
    Holding that plaintiffs lacked standing to obtain injunctive relief against senior police officials to impose tighter police discipline to prevent harm to civilians
  4. Board of Regents v. Roth

    408 U.S. 564 (1972)   Cited 14,576 times   4 Legal Analyses
    Holding that where a public employee's appointment terminated on a particular date and there was no provision for renewal after that date, the employee "did not have a property interest sufficient to require . . . a hearing when [the officials] declined to renew his contract of employment."
  5. United States v. Salerno

    481 U.S. 739 (1987)   Cited 5,283 times   14 Legal Analyses
    Holding that "extensive safeguards" are necessary "to repel a facial challenge"
  6. Norton v. Southern Utah Wilderness Alliance

    542 U.S. 55 (2004)   Cited 1,423 times   6 Legal Analyses
    Holding that agency can be compelled to act if time period is specified by law
  7. Castle Rock v. Gonzales

    545 U.S. 748 (2005)   Cited 1,345 times   1 Legal Analyses
    Holding that a benefit is not a protected interest if government officials have discretion to grant or deny it
  8. Lane v. Pena

    518 U.S. 187 (1996)   Cited 1,850 times
    Holding that any waiver of "sovereign immunity must be unequivocally expressed in statutory text" and "will be strictly construed, in terms of its scope, in favor of the sovereign"
  9. Califano v. Sanders

    430 U.S. 99 (1977)   Cited 4,242 times   4 Legal Analyses
    Holding that "the APA is not to be interpreted as an implied grant of subject-matter jurisdiction to review agency actions"
  10. Heckler v. Chaney

    470 U.S. 821 (1985)   Cited 2,013 times   20 Legal Analyses
    Holding that courts presume "agency decisions not to institute proceedings are unreviewable" under the APA
  11. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,231 times   179 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  12. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,150 times   29 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims
  13. Section 1651 - Writs

    28 U.S.C. § 1651   Cited 10,868 times   60 Legal Analyses
    Granting us the power to "issue all writs necessary or appropriate in aid of [our] . . . jurisdiction[] and agreeable to the usages and principles of law"
  14. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,279 times   36 Legal Analyses
    Adopting the definition given in Section 551
  15. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,693 times   68 Legal Analyses
    Adopting the definition set out in the APA
  16. Section 511 - Decisions of the Secretary; finality

    38 U.S.C. § 511   Cited 590 times
    Providing that decisions related to the provision of a veteran's benefits "may not be reviewed by any court, whether by an action in the nature of mandamus or otherwise."
  17. Section 7252 - Jurisdiction; finality of decisions

    38 U.S.C. § 7252   Cited 348 times
    Granting the Veterans Court "power to affirm, modify, or reverse a decision of the Board or to remand the matter, as appropriate"
  18. Section 5103A - Duty to assist claimants

    38 U.S.C. § 5103A   Cited 144 times   1 Legal Analyses
    Directing the VA to provide a veteran with a "medical examination" or "opinion" "when such an examination or opinion is necessary to make a decision on the [veteran's disability] claim"
  19. Section 502 - Judicial review of rules and regulations

    38 U.S.C. § 502   Cited 121 times   1 Legal Analyses
    Providing for review “only” in the Federal Circuit
  20. Section 7251 - Status

    38 U.S.C. § 7251   Cited 70 times
    Creating the United States Court of Appeals for Veterans Claims
  21. Section 3.103 - Procedural due process and other rights

    38 C.F.R. § 3.103   Cited 84 times
    Providing that the VA has the "obligation" to "assist a claimant in developing the facts pertinent to the claim and to render a decision which grants every benefit that can be supported in law while protecting the interests of the Government"
  22. Section 3.159 - Department of Veterans Affairs assistance in developing claims

    38 C.F.R. § 3.159   Cited 83 times
    Implementing § 5103A
  23. Section 3.304 - Direct service connection; wartime and peacetime

    38 C.F.R. § 3.304   Cited 67 times
    Requiring a diagnosis of PTSD to establish service connection
  24. Section 20.101 - Rule 101. Composition of the Board; titles

    38 C.F.R. § 20.101   Cited 18 times
    Outlining jurisdiction of the Board
  25. Section 20.201 - Rule 201. What constitutes an appeal

    38 C.F.R. § 20.201   Cited 17 times

    An appeal of a decision by the agency of original jurisdiction consists of a Notice of Disagreement submitted to the Board in accordance with the provisions of §§ 20.202-20 .204. 38 C.F.R. §20.201 Authority: 38 U.S.C. 7105 84 FR 188, 2/19/2019

  26. Section 3.100 - Delegations of authority

    38 C.F.R. § 3.100   Cited 9 times

    (a) Authority is delegated to the Under Secretary for Benefits and to supervisory or adjudicative personnel within the jurisdiction of the Veterans Benefits Administration designated by the Under Secretary to make findings and decisions under the applicable laws, regulations, precedents, and instructions, as to entitlement of claimants to benefits under all laws administered by the Department of Veterans Affairs governing the payment of monetary benefits to veterans and their dependents, within the

  27. Section 20.1304 - Rule 1304. Request for a change in representation

    38 C.F.R. § 20.1304   Cited 8 times
    Providing for change in representation, request for a personal hearing, or submission of additional evidence prior to appellate decision
  28. Section 17.36 - Enrollment-provision of hospital and outpatient care to veterans

    38 C.F.R. § 17.36   Cited 5 times

    (a)Enrollment requirement for veterans. (1) Except as otherwise provided in § 17.37 , a veteran must be enrolled in the VA healthcare system as a condition for receiving the 'medical benefits package' set forth in § 17.38 . Note to paragraph (a)(1): A veteran may apply to be enrolled at any time. (See § 17.36(d)(1) .) (2) Except as provided in paragraph (a)(3) of this section, a veteran enrolled under this section and who, if required by law to do so, has agreed to make any applicable copayment is

  29. Section 20.711 - Rule 711. Hearings in simultaneously contested claims

    38 C.F.R. § 20.711   Cited 1 times

    (a)General. If a hearing is scheduled for any party to a simultaneously contested claim, the other contesting claimants and their representatives, if any, will be notified and afforded an opportunity to be present. The appellant will be allowed to present opening testimony and argument. Thereafter, any other contesting party who wishes to do so may present testimony and argument. The appellant will then be allowed an opportunity to present testimony and argument in rebuttal. Cross-examination will