Contact me at 803.451.6057 or 803.256.9555

Principle Cases

Bonny v. Principi, 16 Vet. App. 504 (2002) - established the right of surviving spouses to receive all money due and unpaid to a veteran who died while his or her VA disability claim was being decided. Before this decision, VA only paid two years worth of benefits to surviving spouses and kept the remainder.

In Re Department of Veterans Affairs (VA) Data Theft Litigation, D.C. Dist. No. 06-0506 (2009) (the "laptop" case) - as co-lead counsel obtained a $20 million settlement in a class action on behalf of all veterans whose personal information was lost when a laptop was stolen from the home of a VA employee. Over $14 million of the settlement funds went to Fisher House and Intrepid Fund to benefit veterans and their families suffering financially as a result of their service to the country.

Pousson v Shinseki, 22 Vet. App. 432 (2009) - challenged VA delays in obtaining the veterans VA disability claims records so that his VA appeal could be heard by the Veterans Court. Established that the Secretary must comply with the Courts rules and ordered sanctions against the Secretary for gross negligence.

Harvey v Shinseki, 24 Vet. App. 284 (2011) - as amicus curiae (friend of the Court) helped establish that VA disability claimants have a right to expeditious treatment of VA claims remanded from the Veterans Court and the Board of Veterans Appeals. Before this case, VA treated remand VA disability claims the same as any other VA disability claim waiting for a decision.

Freeman v. Shinseki, 24 Vet. App. 404 (2011) - established a veterans right to challenge the appointment of a VA fiduciary after a declaration that the veteran cannot handle his or her own VA disability claim benefits. Before this decision, VA took the position that there was no right of appeal and that VAs fiduciary program actions were not reviewable by any court.

 

Tad McLeod
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Columbia, SC 29205
803.451.6057
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Doug Rosinski
701 Gervais Street Ste 150-405
Columbia, SC 29201
803.256.9555
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