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Academic

: Legal Theory Blog

Serota & Singer on Procedural Justice for Veterans

By Lawrence Solum

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Michael Serota & Michelle Singer have posted Veterans Injustice (Nebraska Law Review, Vol. 89, No. 3, 2010) on SSRN. Here is the abstract:

America?s veterans have devoted a portion of their lives to protecting our nation. In return, the U.S. government has a moral and statutory obligation to care for them once they return from combat. Despite this responsibility, the Department of Veterans Affairs takes an average of four-and-a-half years to process many veterans? disability benefits claims and appeals. These inordinate delays are not only morally unconscionable, but they violate the Due Process Clause of the Fifth Amendment. In this Essay, we analyze the VA?s claims adjudication process in light of the Supreme Court?s Mathews balancing test, and conclude that these administrative delays fail to provide veterans with procedural due process. To remedy these violations, we argue that Article III courts should provide declaratory and injunctive relief to veterans forced to endure these delays.

Full post as published by Legal Theory Blog on October 04, 2010 (boomark / email).