Supreme Court to hear veteran's case challenging VA’s power to interpret its own rules | CCK Law

This could have repercussions throughout the Federal bureaucracy. Every agency has its own administrative judges to settle disputes between citizens and the agency. It is a hallmark of the new order of things in which Congress has abrogated the functions of all three branches of government to the bureaucrats. They not only administer the law (their rightful function) but also legislate (write rules and regulations filling in the blanks left in legislation poorly crafted by Congress and adjudicate disputes arising therefrom.

It appears that this case is going to hinge on whether the VA used the documents Kisor submitted in 2006 to change the earlier denial from 1982. If one of those documents resulted in the VA changing the decision, this could be successful. 24 years of back pay.
VA Office of General Counsel has a history of being less than ethical, including making false or misleading claims on motions and responses to motions, and withholding discovery, although this case is well past discovery.
Personally, I agree that the earlier decisions essentially transferred the decision making and interpretation of law authority and responsibility from the Courts to the Executive Branch. Further, this is why you see changes in agency policies and regulations when a new administration takes over. They know this and use it to push their policy positions, rather than legislate change, as intended. Congress hasn't addressed this because both parties use it to push their agenda.

To not or