Full Article at: VA Sec Shinseki and Agent Orange Advocates Get Win on Expanded Agent Orange-related Illnesses, Obtain Court Order to Publish Agent Orange Presumptives Rule by Monday, July 19
July 18, 2010 posted by Michael Leon
United States Court of Appeals for the Federal Circuit
- Victory for VA Secretary Shinseki and Agent Orange Victim Advocates -
The top administrative law court overseeing the Court of Appeals for Veterans Claims (CAVC) has ordered VA Secretary Shinseki to publish the new Agent Orange Presumptives rule which expands the range of ailments attributed by the VA to Agent Orange exposure.
The judicial order by the D.C.-based appellate court, United States Court of Appeals for the Federal Circuit, is dated July 15, 2010 and is issued in response to a writ of mandmumus (a court-ordered directive to a public body like the VA or lower court) petition (No. 949) by the Paralyzed Veterans of America and other parties.
The order is a victory for Agent Orange advocates and for Shinseki hailed as “championing funds to assist Veterans and their families affected by Agent Orange.”
The order for the publication of the rules comes weeks after the efforts of Sen. Jim Webb (D-Virgina) to delay the implementation of the new rules, an enterprise which drew the wrath of veterans around the country, and which drew the petition to the United States Court of Appeals for the Federal Circuit.
Sunday, July 18, 2010
Denver Federal Judge Rules Stolen Valor Act is Facially Unconstitutional
Blackburn's decision only set precedent in the District of Colorado, and further prosecution of the law isn't likely to happen here unless a higher court strikes down his ruling.
Full Article at: Stolen Valor Act unconstitutional, federal judge rules
By Felisa Cardona
The Denver Post
Posted: 07/17/2010 01:00:00 AM MDT
"A federal judge in Denver has ruled that the Stolen Valor Act is "facially unconstitutional" because it violates free speech, and he dismissed the criminal case against Rick Strandlof, a man who lied about being an Iraq war veteran.
U.S. District Judge Robert E. Blackburn issued his decision Friday and rejected the prosecution's argument that lying about having military medals dilutes their meaning and significance.
"This wholly unsubstantiated assertion is, frankly, shocking and, indeed, unintentionally insulting to the profound sacrifices of military personnel the Stolen Valor Act purports to honor," Blackburn wrote. "To suggest that the battlefield heroism of our servicemen and women is motivated in any way, let alone in a compelling way, by considerations of whether a medal may be awarded simply defies my comprehension."
The Stolen Valor Act prohibits people from falsely claiming they have been awarded military decorations and medals. The act, signed into law in 2006, carries a punishment ranging from fines to six months in prison.
U.S. Rep. John Salazar, a Democrat from Manassa, introduced the legislation in 2005.
"This is an issue of fraud, plain and simple," Salazar wrote in an e-mail Friday. "The individuals who violate this law are those who knowingly portray themselves as pillars of the community for personal and monetary gain. The Stolen Valor Act has been upheld by other courts and I am confident this decision will be overturned on appeal."
Blackburn's decision only set precedent in the District of Colorado, and further prosecution of the law isn't likely to happen here unless a higher court strikes down his ruling.
Jeff Dorschner, spokesman for the Colorado U.S. attorney, said the Department of Justice is reviewing the ruling to determine whether an appeal should be filed."
Full Article at: Stolen Valor Act unconstitutional, federal judge rules
By Felisa Cardona
The Denver Post
Posted: 07/17/2010 01:00:00 AM MDT
"A federal judge in Denver has ruled that the Stolen Valor Act is "facially unconstitutional" because it violates free speech, and he dismissed the criminal case against Rick Strandlof, a man who lied about being an Iraq war veteran.
U.S. District Judge Robert E. Blackburn issued his decision Friday and rejected the prosecution's argument that lying about having military medals dilutes their meaning and significance.
"This wholly unsubstantiated assertion is, frankly, shocking and, indeed, unintentionally insulting to the profound sacrifices of military personnel the Stolen Valor Act purports to honor," Blackburn wrote. "To suggest that the battlefield heroism of our servicemen and women is motivated in any way, let alone in a compelling way, by considerations of whether a medal may be awarded simply defies my comprehension."
The Stolen Valor Act prohibits people from falsely claiming they have been awarded military decorations and medals. The act, signed into law in 2006, carries a punishment ranging from fines to six months in prison.
U.S. Rep. John Salazar, a Democrat from Manassa, introduced the legislation in 2005.
"This is an issue of fraud, plain and simple," Salazar wrote in an e-mail Friday. "The individuals who violate this law are those who knowingly portray themselves as pillars of the community for personal and monetary gain. The Stolen Valor Act has been upheld by other courts and I am confident this decision will be overturned on appeal."
Blackburn's decision only set precedent in the District of Colorado, and further prosecution of the law isn't likely to happen here unless a higher court strikes down his ruling.
Jeff Dorschner, spokesman for the Colorado U.S. attorney, said the Department of Justice is reviewing the ruling to determine whether an appeal should be filed."
Former TRLA Lawyer, Leo Alvarado, Sentenced for Defrauding VA,
Full Article at: Disbarred S.A. lawyer sentenced for stealing thousands from indigent veterans fund
by KENS 5 Staff
Posted on July 17, 2010 at 5:46 PM
"A former San Antonio lawyer, who was found guilty of defrauding the VA, will be spending the next four and a half years in prison.
On Friday, a judge sentenced Leo Alvarado to 54 months in prison for stealing $134,000. The money was supposed to go to the legal needs of indigent veterans.
Alvarado, a disbarred lawyer and former paralegal with the Texas Rio Grande Legal Aid, reportedly submitted over 500 fraudulent vouchers for trips from San Antonio to Big Spring, San Angelo, Midland, Waco and other Texas cities between November 2003 and February 2006.
The trips were supposed to have been made to help indigent veterans and widows in filing claims with the Veterans Administration. Alvarado was in a position to approve his own travel. But investigators say he used invalid Social Security numbers , Social Security numbers of dead people, or numbers that belonged to different people.
They say sometimes Alvarado just made up clients so that he could be reimbursed fictitious travel expenses.
The VA says they have no record of Alvarado every assisting any veteran or widow."
by KENS 5 Staff
Posted on July 17, 2010 at 5:46 PM
"A former San Antonio lawyer, who was found guilty of defrauding the VA, will be spending the next four and a half years in prison.
On Friday, a judge sentenced Leo Alvarado to 54 months in prison for stealing $134,000. The money was supposed to go to the legal needs of indigent veterans.
Alvarado, a disbarred lawyer and former paralegal with the Texas Rio Grande Legal Aid, reportedly submitted over 500 fraudulent vouchers for trips from San Antonio to Big Spring, San Angelo, Midland, Waco and other Texas cities between November 2003 and February 2006.
The trips were supposed to have been made to help indigent veterans and widows in filing claims with the Veterans Administration. Alvarado was in a position to approve his own travel. But investigators say he used invalid Social Security numbers , Social Security numbers of dead people, or numbers that belonged to different people.
They say sometimes Alvarado just made up clients so that he could be reimbursed fictitious travel expenses.
The VA says they have no record of Alvarado every assisting any veteran or widow."
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