Legal Opinion

Mason v. Shinseki

Court of Appeals for the Federal Circuit

Decided February 21, 2014No. 19-1488PublishedCited by 16 opinions

1Opinion of the Court

CHEN, Circuit Judge.

When an attorney successfully represents a veteran, the Veterans Administration (“VA”) may, under certain circumstances, directly pay reasonable legal fees to the attorney from any past-due benefits awarded to the veteran. 38 U.S.C. § 5904(d). The VA pays the full award of past-due benefits to the veteran, however, when an attorney’s direct-fee request is denied.' This appeal addresses how long an attorney has to file a notice of disagreement (“NOD”) with the VA to challenge its denial of a direct-fee request. For most types of claims, that period is one year. See 38…

2Cases cited10 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Auer v. RobbinsSupreme Court of the United States · 1997
  3. Thomas Jefferson University v. ShalalaSupreme Court of the United States · 1994
  4. Brown v. GardnerSupreme Court of the United States · 1994
  5. Gonzales v. OregonSupreme Court of the United States · 2006

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3Cited by16 opinions

  1. Principal Life Insurance Company and Subsidiaries v. United StatesUnited States Court of Federal Claims · 2014
  2. JBF RAK LLC v. United StatesUnited States Court of International Trade · 2014
  3. Nova v. Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2020
  4. Michael A. Hudgens v. Sloan D. GibsonUnited States Court of Appeals for Veterans Claims · 2014
  5. Ingham Regional Medical Center v. United StatesUnited States Court of Federal Claims · 2016

11 more not listed; retrieve them via the Exa API.

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