Department of Veterans Affairs

News & Analysis as of

Veterans Choice Program Expanded in Interim Final Rule by the Department of Veterans Affairs

On November 5, 2014, the Department of Veterans Affairs (the “VA”) released its interim final rule (“Interim Final Rule”) regarding the Veterans Choice Program (the “Program”), allowing eligible veterans to elect to receive...more

Court Ruling Confirms that SDVOSB Contractors Possess Procedural Due Process Rights Against Adverse Eligibility Determinations

The U.S. Department of Veteran Affair's ("VA") Center for Veterans Enterprise (“CVE”) has a tough and sometimes thankless job. Its role is to serve as a “gatekeeper” for VA contracting programs for service-disabled,...more

Court of Federal Claims Affirms Due Process Rights for Service-Disabled Veteran-Owned Small Businesses

The United States Court of Federal Claims recently issued an important decision affirming the due process rights of Service-Disabled, Veteran-Owned Small Businesses (“SDVOSBs”). The case, AmBuild Company, LLC v. United States...more

Insights from the executive director of the United States Interagency Council on Homelessness

Our Ninth Annual National Housing Symposium successfully brought together a rich panorama of perspectives across the affordable housing industry. Laura Green Zeilinger, the Executive Director for the United States Interagency...more

CFPB highlights alleged credit reporting errors relating to discharged student loans of disabled veterans

In a new blog post, the CFPB provides credit reporting advice to service-disabled veterans who take advantage of federal student loan forgiveness available from the Department of Education for veterans who receive a 100...more

OHA Sheds Some Light on What Constitutes a “Class” of Stock

In my recent article about the impact of separate stock classes on veteran-owned firms, I discussed how having more than one class of voting stock can complicate an ownership analysis under both the Department of Veterans...more

VA Health Reform: New Opportunities for Providers

The Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146) significantly expands access to health care services funded by the U.S. Department of Veterans Affairs (VA), creates new opportunities for...more

You Should Know - October 2014

In This Issue: - Veterans Still Waiting - Five Errors to Avoid - Readers on Seventh Amendment - Excerpt from Five Common Errors to Avoid When Filing Claims: Backlog Improves, But Vets Still Struggle for...more

Function over Form: The Impact of Separate Stock Classes on Veteran-Owned Firms

In my recent blog post about Employee Stock Ownership Plans (“ESOPS”), I discussed how the plans are treated differently under the Department of Veterans Affairs’ program (the “VA Program”) for Veteran-Owned and...more

Pennsylvania District Court Certifies Class Despite Defendant’s Attempt To “Pick-Off” Class Representatives

A group of registered nurses formerly employed by the Department of Veterans Affairs sued the United States Office of Personnel Management (“OPM”) in a putative class action seeking declaratory and injunctive relief in...more

VA Announces Upcoming Changes to ARM Disclosure Regulations

On September 5, 2014, the Department of Veterans Affairs (VA) announced in Circular 26-14-25 that it intends to clarify its interest-rate adjustment, disclosure, and notice requirements for ARM and hybrid ARM mortgage loans...more

CFPB Interagency Agreement Increases Oversight Of Colleges Serving Veterans

Recently, the CFPB signed a memorandum of understanding with the Departments of Veterans Affairs, Defense and Education to improve outreach and transparency to veterans and servicemembers by providing meaningful information...more

VA Whistleblower in Phoenix Punished for Alerting Authorities

In 2010, Paula Pedene helped reveal a scandal in the Phoenix Veterans Affair Hospital revolving around mismanagement that ultimately led to the hospital being $11.4 million short in its budget. Now, it’s being reported that...more

CFPB announces higher education memorandum of understanding

The CFPB announced that it has entered into a “Joint Higher Education Memorandum of Understanding” with the Departments of Veterans Affairs (VA), Defense (DOD), and Education (ED) as part of a joint effort by the agencies “to...more

Veterans Access, Choice, and Accountability Act May Result in More Patients for Medicare Providers

The President signed the Veterans Access, Choice, and Accountability Act of 2014 [PDF] on August 7, 2014 (the “Act”). Ordinarily, the Department of Veterans Affairs (VA) provides medical care to veterans at Veterans Health...more

Veterans Access, Choice, and Accountability Act of 2014 Increases Graduate Medical Education Residency Positions

On August 7, President Barack Obama signed into law the Veterans Access, Choice, and Accountability Act of 2014 (Act). While much press has been given to the Act’s increasing of access to private health care providers,...more

The Unrecognized Sole-Source Requirement: A Lesson in Failing to Understand the Specifications

In the recent decision of CMEC/ARC Electric JV v. Dep’t of Veterans Affairs, the Civilian Board of Contract Appeals (CBCA) denied a contractor’s claims for defective specifications when the performance specification at issue...more

Employee Stock Ownership Plans: More Confusion for Veteran-Owned Small Businesses

My house, my rules. That was the approach seemingly taken by the Department of Veterans Affairs (“VA”) when it crafted the regulations governing eligibility of Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses...more

Health Care Update - July 2014 #4

In This Issue: - Congressional Negotiators Reach Deal on Veteran Affairs Bill - Implementation of the Affordable Care Act - Other Federal Regulatory Initiatives - Other Congressional and State...more

Shady Record Keeping Not Just in the VA

The nation was recently stunned by the revelation that Department of Veterans Affairs administrators were manipulating dates on records to conceal the unreasonable wait times veterans seeking medical care were forced to...more

Federal Circuit Permits the Department of Veterans Affairs to Ignore the Rule of 2 for FSS Orders

A recent Federal Circuit decision could have substantial implications on whether the Department of Veterans Affairs (“VA”) choses to set aside work for veteran-owned small businesses (“VOSBs”) and service-disabled,...more

Housing options for veterans

With Independence Day right around the corner and with several bond financings benefitting homeless veterans recently in the news (see Proposition 41 Bond Measure and Apartments for Homeless Veterans), it seemed fitting to...more

Whistleblower Retaliation at the Department of Veterans Affairs

The Department of Veterans Affairs has been assaulted from all sides in light of recent revelations regarding the quality of care and administration cover-ups. With the alleged misconduct so pervasive, it may seem surprising...more

DOMA, One Year After Marriage Ruling

It hardly seems like it's been an entire year since the U.S. Supreme Court struck down a huge portion of the so-called Defense of Marriage Act (DOMA), which precluded the federal government from recognizing the legally valid...more

VA Issues ‘Qualified Mortgage’ Definition for VA Guaranteed or Insured Loans

On May 9, 2014, the Department of Veterans Affairs (VA) issued an interim final rule defining a qualified mortgage (QM) for VA insured and guaranteed loans. Under the proposed rule, all purchase money origination loans and...more

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