Legal Opinion

William H. Tietjen v. United States Veterans Administration Thomas K. Turnage, Administrator of Veteran's Affairs

Court of Appeals for the Ninth Circuit

Decided September 6, 1989No. 88-15262PublishedCited by 27 opinions

1Opinion of the Court

ORDER

Appellant William H. Tietjen had been receiving 100% disability benefits because of a service-connected disability. In 1981, the Veteran’s Administration initiated a review program, in the course of which appellant’s benefits were reduced to 40%. Appellant claims that the Administrator’s own regulations prevent him from reducing his disability entitlements, and that the Administrator’s action thus constitutes a due process violation. The three regulations in question are 38 C.F.R. §§ 3.327(b)(2) (no reexamination of disability recipient whose condition is deemed to be “static”), 3.343(a)…

2Cases cited5 opinions

  1. Johnson v. RobisonSupreme Court of the United States · 1974
  2. Calvin Rosen v. Harry N. Walters, Director of the Veterans Administration, and the Veterans AdministrationCourt of Appeals for the Ninth Circuit · 1983
  3. Robert E. Devine, and All Others Similarly Situated, Plaintiffs v. Max Cleland, Etc., Robert E. Devine v. Max Cleland, Etc.Court of Appeals for the Ninth Circuit · 1980
  4. Isobel Moore v. Donald E. JohnsonCourt of Appeals for the Ninth Circuit · 1978
  5. Tietjen v. United States Veteran's AdministrationDistrict Court, D. Arizona · 1988

3Cited by27 opinions

  1. Peavey v. HolderDistrict Court, District of Columbia · 2009
  2. Roland S. Weaver v. United StatesCourt of Appeals for the Tenth Circuit · 1996
  3. Larrabee v. DerwinskiCourt of Appeals for the Second Circuit · 1992
  4. Dennis M. Chinnock v. Thomas K. Turnage, Administrator, Veterans' AdministrationCourt of Appeals for the Ninth Circuit · 1993
  5. Larrabee ex rel. Jones v. DerwinskiCourt of Appeals for the Second Circuit · 1992

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