38 U.S.C. § 311
General Counsel
There is in the Department the Office of the General Counsel. There is at the head of the office a General Counsel, who is appointed by the President, by and with the advice and consent of the Senate. The General Counsel is the chief legal officer of the Department and provides legal assistance to the Secretary concerning the programs and policies of the Department.
Notes of Decisions
Cited in 24
cases (3 in the last 5 years), 1991–2024 · leading case: Thomas G. Joyce v. R. James Nicholson, 19 Vet. App. 36 (Vet. App. 2005).
Thomas G. Joyce v. R. James Nicholson, 19 Vet. App. 36 (Vet. App. 2005). “§ 1111 (formerly 38 U.S.C. § 311 ), because the Board was bound to apply the Secretary's regulations in effect at the time of that 1983 decision being collaterally attacked.”
Timothy J. Jordan v. Anthony J. Principi, 17 Vet. App. 261 (Vet. App. 2003). “§ 1153 ) were inapplicable to an aggravation claim (1) where the Board had found (in the BVA decision under collateral attack in this case) that the veteran’s condition that had not been noted at entry was preexisting because the presumption of sound condition, pursuant to 38…”
Cotant v. Principi, 17 Vet. App. 116 (Vet. App. 2003). “9, 2000) [hereinafter Jordan] or further order of the Court, because the issues involved in the two cases — regarding proper interpretation of 38 U.S.C. §§ 311 and 353 (1979) (now sections 1111 and 1153, respectively) and the validity of 38 C.”
Bagby v. Derwinski, 1 Vet. App. 225 (Vet. App. 1991). “See 38 U.S.C. § 311 (1988) (presumption applicable to wartime service); 38 C.”
Cycholl v. Principi, 15 Vet. App. 355 (Vet. App. 2001). “" See 38 U.S.C. § 311 (General Counsel is VA's "chief legal officer"); Herlehy v.”
Ronald W. Wagner, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 370 F.3d 1089 (Fed. Cir. 2004). “This portion of the 1943 act was later codified without material change to the rebuttal standard at 38 U.S.C. § 311 , Act of Sept. 2, 1958, Pub.”
Morris v. Shinseki, 678 F.3d 1346 (Fed. Cir. 2012). “§ 1110 (2010) and 38 U.S.C. § 311 (1982) with 38 U.S.C. § 1111 (2010).”
George v. McDonough, 991 F.3d 1227 (Fed. Cir. 2021). “38 U.S.C. § 311 (1970) (now codified as 38 U.”
Patrick v. Dept. Of Vets. Affairs, 668 F.3d 1325 (Fed. Cir. 2011). “r expenses, in addition to any costs awarded pursuant to subsection (a), incurred by that party in any civil action (other than cases sounding in tort), including proceedings for judicial review of agency action, brought by or against the United States in any court having…”
Lanier v. Hines v. Anthony J. Principi, 18 Vet. App. 227 (Vet. App. 2004). “In this case, the appellant was not a "veteran" at the time of the RO's adjudication in 1976 because his service was active duty for training and he had not established a service-connected disability in order to achieve veteran status.”
Bond v. Derwinski, 2 Vet. App. 376 (Vet. App. 1992). “When the General Counsel, “the chief legal officer of the Department”, 38 U.S.C. § 311 , on behalf of the Secretary enters into a settlement or a Stipulated Agreement with an appellant, like the one filed in this appeal, it necessarily follows that the decision of the BVA giving…”
Nehmer v. United States Vets. Admin., 32 F. Supp. 2d 1175 (N.D. Cal. 1999). “See 38 U.S.C. §§ 311 , 7104(c). Moreover, at least two class members have already exhausted their administrative remedies.”
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