[UPDATE: The case cited below has been decided as of 11 October 2006: “Good News for Disabled Vets.”]

The Revolution Continues:

The United States Court of Appeals for the Federal Circuit is now posting digital recordings of oral arguments on the Court’s Internet site at www.cafc.uscourts.gov/oralarguments. The following is a link to the oral argument in the recent case entitled Barrett v. Principi, which was before the Court of Appeals for the Federal Circuit on 11 July 2006. The oral argument can be heard from the Court’s website where it is posted: http://www.cafc.uscourts.gov/AudioFiles/05-7113.mp3

The issue in this case is whether the government had a duty to assist a mentally ill Vietnam veteran who failed to file a timely notice of appeal in order to keep his disability claim alive at the Veterans’ Court. The panel of three judges included Chief Judge Michel (the highest ranking judge on the Court), former Chief Judge Mayor (a West Point graduate) and Senior Judge Friedman, (possibly the longest sitting judge on the Court).

If the court rules in favor of Mr. Barrett, the government’s “duty to assist” mentally ill veterans, such as Mr. Barrett, would henceforth be significantly expanded.

Case Date Case Number Caption Audio Link
7/11/2006 05-7113 Barrett v DVA 05-7113.mp3

The very competent and able attorney-litigator representing Vietnam veteran Barrett, is himself a veteran of the United States Navy, Mr. James R. Barney, of Finnegan Henderson, Washington DC.