Wednesday, September 5, 2007

A GOOD RULING BY THE COURT

The U.S. Court of Appeals for the Federal Circuit has suggested to government agencies "when in doubt, tilt toward the veteran." The Court went on to note that the issues in the case of Jose D. Hernandez and its approach to the issues was "consistent with the canon that veterans' benefits statutes are liberally construed in favor of the veteran." The Hernandez case stemmed from a charge by Mr. Hernandez that he had been wrongfully charged military leave from 1980 to 2001, therefore causing him to use vacation time, sick leave and leave without pay to perform some of his reserve duties.
The Court also said "It also helps to ensure that veterans are appropriately given the benefit of the doubt and fully enjoy the presumption that veterans' benefits statutes are to be resolved in their favor". Good opinion and about time.

No comments: