Veterans Legal Advocacy Group v. McDonough, Case Number 20-8291, decided February 14, 2022 involved a writ sought to require the VA to correct the mailing address of the petitioner.
The Petitioner was a law firm that had sought to change or update its mailing address with the VA, but the VA continued to mail materials the old address. The law firm filed a writ requesting that the Court intervene to force the VA to correct the problem. Initially, this is a big problem for attorneys that move. The VA has for years simply been unable to update mailing address for the attorneys, resulting in some correspondence being sent to the correct address and others going to the old address.
The Court asked for a response from the VA and the VA ultimately fixed the problem with this attorney and submitted affidavits saying all files had been updated.
The Court declined to sanction the VA because the Secretary had not violated a court order and not further action is necessary. It noted sanctions are reserved for situations in which (1) there is a Court order that is clear and unambiguous, (2) there is clear and convincing proof of noncompliance with that Court order, and (3) it is clear that the party at fault was not reasonably diligent in trying to abide by the Court order.
This decision might strike some as unnecessary, but shows the lack of competence of the VA to do something as simple as update the address for an attorney and fact that we sometimes have to fight the VA to do something that should be obvious and easy.
Order by Judges Greenberg, Meredith, and Laurer.
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