United States Ninth Circuit
Veterans for Common Sense v. Shinseki, 08-16728
In an action for injunctive and declaratory relief to remedy delays in claims by veteran's for disability benefits on the grounds that such delays violate veterans’ due process rights to receive the care and benefits they are guaranteed by statute, judgment of the district court is affirmed in part and reversed in part where: 1) the relevant provisions of the Administrative Procedure Act denies petitioners the relief they seek; but 2) failure to provide adequate procedures for veterans facing prejudicial delays in the delivery of mental health care violates the Due Process Clause of the Fifth Amendment.
Appellate Information
- Decided 05/10/2011
- Published 05/10/2011
Judges
- REINHARDT
Court
- United States Ninth Circuit