McRae v. Brown

9 Vet. App. 229, 1996 U.S. Vet. App. LEXIS 452, 1996 WL 366585
CourtUnited States Court of Appeals for Veterans Claims
DecidedJuly 3, 1996
DocketNo. 92-828
StatusPublished
Cited by5 cases

This text of 9 Vet. App. 229 (McRae v. Brown) is published on Counsel Stack Legal Research, covering United States Court of Appeals for Veterans Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McRae v. Brown, 9 Vet. App. 229, 1996 U.S. Vet. App. LEXIS 452, 1996 WL 366585 (Cal. 1996).

Opinion

PER CURIAM:

The appellant, David W. McRae, II, appeals the March 27, 1992, decision of the Board of Veterans’ Appeals (BVA or Board) which reviewed the VA regional office’s (VARO) conduct regarding the appellant’s participation in the vocational rehabilitation program. In addition to appealing the denial of his claims by the Board, the appellant seeks monetary damages of seven million dollars and contends that his constitutional rights have been violated. The Court has jurisdiction pursuant to 38 U.S.C. § 7252(a).

The appellant has filed numerous motions with the Court including, but not limited to, a [231]*231motion-to seal the records, a motion for jury trial, a motion for the Court to “step aside” for having violated his constitutional and civil rights, a motion for summary judgment, a motion for default judgment, and a motion for declaratory judgment. The Court has ruled on these motions and they warrant no further discussion.

On September 8, 1992, the Court received notice that the appellant had brought a civil action against it in the United States District Court for the Southern District of Ohio. The Court stayed the proceedings while the appellant sought adjudication of his claims. On December 3, 1993, the Court was informed that the district court had issued a decision granting summary judgment against the appellant. On May 20, 1994, the Court was informed that the United States Court of Appeals for the Sixth Circuit had affirmed the district court’s ruling. On August 17, 1994, the Court lifted the stay of proceedings. For the reasons set forth below, the Court will affirm the Board’s decision.

I. FACTUAL BACKGROUND

The appellant served in the U.S. Army from October 1980 to March 1984 when he was medically discharged. He was granted service connection for bilateral shoulder disability and hearing loss with a total disability rating of 50%. In April 1984, the appellant filed an application for vocational rehabilitation. The VARO arranged a counseling session for the appellant and determined that he was eligible for participation in the vocational rehabilitation program. In the fall of 1984, the VARO approved a rehabilitation plan for the appellant to study business at Ohio State University. When the appellant received failing grades, the appellant and the case manager agreed that the appellant would need different training. After several contentious counseling sessions, the appellant submitted a plan for pursuing courses in commercial photography at the Columbus College of Art and Design (CCAD). The VARO approved the plan and the appellant was reinstated into the vocational rehabilitation program for semester II of the 1986-1987 school year.

During the 1987-1988 school year, a dispute arose between the appellant and the VARO over the amount of the appellant’s training expenses. In the fall of 1987, the veteran had discussed his expected purchases with his vocational counselor. The expenses for photography supplies were expected to be between $500.00 and $1000.00, but some of the materials would also be used the following semester. Expenses in the amount of $1,236.28 were approved during the fall semester. On February 2, 1988, the VARO received a bill for additional supplies totalling $1,027.61. The appellant’s counsel- or determined that $2,300.00 was beyond “a credible required expense for the average student.” See 38 C.F.R. § 21.212(b) (1995) (“VA will authorize, only those supplies which are required ... [t]o be used by similarly circumstanced non-disabled persons in the same training or employment situation-”).

On February 8, 1988, based on the appellant’s history of excessive spending, the VARO wrote the appellant a letter stating that he was granted $500.00 for expenses (excluding textbooks) for semester II of the 1987-1988 school year. The appellant met with his case manager later that month and requested approval of $2,300.00 for supplies. The case manager attempted to arrive at an agreement with the appellant as to reasonable expenses for his particular courses. The appellant was not amenable to having a discussion, stating that all items totalling $2,300.00 were necessary, and no agreement was reached. In March 1988, based on a supply list received from CCAD, the case manager increased the appellant’s allowable expenses to $800.00 for the semester, but only for required supplies. That same month, the appellant went to the VARO to discuss his expenses. The appellant told his case manager that the appellant was entitled to all of the supplies that he, the appellant, deemed were necessary and that the VARO had no authority to determine what supplies were required. The case manager informed the appellant that if an understanding was not reached regarding the purchasing of supplies, the appellant would be placed in interrupted status at the end of the semester. See 38 C.F.R. § 21.197 (1995). The appellant then demanded to speak to the case manag[232]*232er’s supervisor and left -without settling the dispute. The appellant was placed in interrupted status.

In April 1988, the appellant sent a letter to the VARO requesting a hearing on, or a review of, the status of his participation in the program and the VARO’s failure to “uphold its mon[e]tary responsibility.” The VARO, in a June 1988 response, explained that the appellant had been placed in interrupted status based on the last contact he had had with the case manager, when he had been warned of the possibility of being placed in interrupted status if an agreement regarding the appellant’s expenses could not be reached. The letter specifically stated that his participation in the program had not been terminated, but had been suspended temporarily.

In a July 1988 letter, the VARO requested that the appellant furnish specific information regarding his disagreement with the VARO. A September 1988 letter in the record indicates that the appellant had never responded to the July 1988 letter and was advised that he was currently charging supplies to the VARO without authorization. He was also reminded that he did not have authorization to participate in the program after semester II of the 1987-1988 school year. The letter stated that the appellant had not expressed any interest in returning to the program and that the appellant’s current unauthorized spending confirmed that the appellant was not willing to cooperate with the VARO’s rules and procedures. A meeting was requested to determine what the appellant wanted to do.

On October 4, 1988, the appellant went to the VARO and again contested the issue of expenses. The VARO again advised the appellant that he was not authorized to purchase any supplies during semester I of the 1988-1989 school year. The following day, the appellant wrote a letter to the VARO, giving a deadline of October 30, 1988, for the VARO to justify his being placed in interrupted status. He alleged that the case manager was trying to keep him from continuing his participation in the program and demanded that the case manager be removed from his case or he would have to “pursue criminal charges against [him].” At the appellant’s request, his case manager was removed from the case and replaced by the VARO’s Chief of Training and Employment. The VARO responded that the appellant’s suspension from the program was caused by his excessive spending.

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Cite This Page — Counsel Stack

Bluebook (online)
9 Vet. App. 229, 1996 U.S. Vet. App. LEXIS 452, 1996 WL 366585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcrae-v-brown-cavc-1996.