Mise à jour sur la pétitionGive the Vietnam Blue Water Navy Veterans their presumptive rights.US Supreme Court grants review of Gray Vs. Wilke
The Blue Water Navy Vietnam Veterans Association
6 nov. 2018

The US Supreme Court granted certiorari in four cases Friday...

In Gray v. Wilke the court will answer the question of “whether the Federal Circuit has jurisdiction under 38 USC § 502 to review an interpretive rule reflecting VA’s definitive interpretation of its own regulation, even if VA chooses to promulgate that rule through its adjudication manual.” The question arises out of the VA’s interpretation of the Agent Orange Act, an act that made it easier for veterans “to obtain disability compensation.” The Agent Orange Act “creates an automatic presumption of service connection” for any veteran who served in the Republic of Vietnam and developed “one of several diseases medically linked to Agent Orange.” However, “[o]ver the past 20 years, VA has repeatedly narrowed its understanding of which Vietnam War veterans ‘served in the Republic of Vietnam’ and thus qualify for the Agent Orange Act’s automatic presumption.”

certiorari  (Noun) A grant of the right of an appeal to be heard by an appellate court where that court has discretion to choose which appeals it will hear.

certiorari  (Noun) A grant of review of a government action by a court with discretion to make such a review.

 

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