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Walters v. National Association of Radiation Survivors

United States Supreme Court

473 U.S. 305 (1985)

Relevant factsFree

Congress capped attorney's fees at $10 in VA disability benefits proceedings, designed to be informal, non-adversarial fact-finding hearings resolved favorably to claimants where possible; veterans and advocacy groups (defendants) challenged the cap as unconstitutionally denying them meaningful legal representation, and the district court granted a preliminary injunction after finding several claimants had been turned down by attorneys specifically because of the fee restriction. The government (plaintiff) appealed to the Supreme Court.

IssueFree

Whether due process guarantees veterans the right to (fully compensated) counsel in proceedings determining their VA benefit awards.

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