Legal Opinion

McKelvey v. Walters

District Court, District of Columbia

Decided October 19, 1984No. Civ. A. 83-2063PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OPINION

BARRINGTON D. PARKER, District Judge:

The plaintiff, James P. McKelvey, a former alcoholic, challenges the Veterans Administration’s (“V.A.”) denial of his request for an extension of the cut-off date for the use of his educational benefits as an honorably discharged veteran. McKelvey’s request was denied because the V.A., relying upon a regulation prohibiting extensions on the basis of “willful misconduct,” 38 C.F.R. § 3.301(c)(2), considered that his alcoholism was the result of his own willful misconduct.

The issue now presented for determination by the Court is whether the…

2Cases cited16 opinions

  1. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  2. Smith v. RobinsonSupreme Court of the United States · 1984
  3. Federal Election Commission v. Democratic Senatorial Campaign CommitteeSupreme Court of the United States · 1981
  4. Consolidated Rail Corporation v. DarroneSupreme Court of the United States · 1984
  5. Mister Ralpho v. J. Raymond Bell, Chairman, Foreign Claims Settlement Commission of the United StatesCourt of Appeals for the D.C. Circuit · 1977

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

3Cited by12 opinions

  1. Traynor v. TurnageSupreme Court of the United States · 1988
  2. Michael Cousins v. Secretary of the United States Department of TransportationCourt of Appeals for the First Circuit · 1989
  3. Sullivan v. City of PittsburghCourt of Appeals for the Third Circuit · 1987
  4. James P. McKelvey v. Thomas K. Turnage, Administrator of Veterans' Affairs, and Veterans' AdministrationCourt of Appeals for the D.C. Circuit · 1986
  5. William Howard Tinch, Cross-Appellant v. Harry N. Walters, in His Official Capacity as Administrator of the Veterans Administration, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1985

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

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