Availability of Expired Funds for Non-Monetary Judicial Awards
Highlights
The district court decision in Pacheco v. VA, No. C-83-3098 (N.D. Ohio, Dec. 22, 1988), requires the Department of Veterans Affairs (VA) to reconsider the eligibility of certain Vietnam-era veterans for "GI Bill" educational benefits which VA withheld. VA is presently appealing that decision to the United States Court of Appeals for the Sixth Circuit. Nevertheless, VA's General Counsel has requested our opinion concerning what, if any, funds would be legally available to pay VA's obligations under the decision (if VA's appeal proves unsuccessful), or under a proposed compromise agreement (in the form of a Consent Order) which VA is currently considering in lieu of further appellate efforts. VA doubts that its own appropriations could be used for this purpose and suggests use of the so-called Judgment Fund.