Duty to Maximize Avoidance: Mr. Hoffman and VA’s Intent to File Letter
A Veteran filed an intent to file, then did exactly what VA’s letter told him to do, and VA charged him five months of back pay for it. In Hoffman v. Collins the Court struck down the regulation that allowed it. Judge Jaquith’s concurrence goes after the thing that caused it: an acknowledgment letter that is, in his word, misleading.
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A Veteran filed an intent to file, then did exactly what VA’s letter told him to do, and VA charged him five months of back pay for it. In Hoffman v. Collins the Court struck down the regulation that allowed it. Judge Jaquith’s concurrence goes after the thing that caused it: an acknowledgment letter that is, in his word, misleading.