Legal Opinion

National Ass'n of Radiation Survivors v. Walters

District Court, N.D. California

Decided June 12, 1984No. C-83-1861-MHPPublishedCited by 14 opinions

1Opinion of the Court

OPINION

PATEL, District Judge.

1. Introduction

Plaintiffs, who were veterans organizations, veterans, and a veteran’s widow, seek a preliminary injunction enjoining the enforcement of 38 U.S.C. §§ 3404-3405. 1 These sections impose a flat $10.00 fee limit for all work performed by an attorney in representing a veteran pursuing Service-Connected Death and Disability (“SCDD”) claims, 38 U.S.C. § 301 et seq., before the Veterans Administration (“VA”). 2 Section 3404 limits fees for attorneys and claims agents to $10.00 per successful claim:(c) The administrator shall determine and pay fees to…

2Cases cited85 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Morrissey v. BrewerSupreme Court of the United States · 1972
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Gideon v. WainwrightSupreme Court of the United States · 1963

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3Cited by14 opinions

  1. Walters v. National Assn. of Radiation SurvivorsSupreme Court of the United States · 1985
  2. Lila M. Mallette v. Arlington County Employees' Supplemental Retirement System II Arlington County Board of SupervisorsCourt of Appeals for the Fourth Circuit · 1996
  3. Roa v. Lodi Medical Group, Inc.California Supreme Court · 1985
  4. Saleeby v. State BarCalifornia Supreme Court · 1985
  5. National Association of Radiation Survivors v. Edward J. Derwinski, Secretary of the Department of Veterans AffairsCourt of Appeals for the Ninth Circuit · 1993

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