Curing Ambiguities and Defects Without Noteholder Vote: Not So Fast
Funds Talk: October 2016
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After more than five and a half years of fighting with the Department of Veterans Affairs (with the case having been remanded four times by the Board of Veterans’ Appeals (BVA) in Washington, D.C., to the VA Regional Office having jurisdiction over the matter), and after the fifth and most recent appeal, the BVA issued a decision finally granting Kramer Levin’s client’s claims for military service-connected disabilities. The BVA largely adopted Kramer Levin’s analysis and reasoning in its findings of fact and conclusions of law. Because of the decision, the veteran will receive a significant tax free lump sum payment (due to back payments owed to the veteran), with monthly tax free payments thereafter. The representation was handled by Mark F. Parise, an attorney in Kramer Levin’s Financial Services Group.