Results 1 to 5 of 5
  1. #1
    Join Date
    Sep 2011
    Posts
    3

    Question Does a V.A. Proposed Rule Constitute a Contract

    Congress has mandated that the Veterans Administration start providing Service Dogs (SD's) to veterans for whom they are prescribed. The VA has thus proposed a rule whereby it will authorize maintenance and equipment benefits for SD's acquired through organizations that are members of a foreign-based, private entity known as ADI (akin to our BBB). ADI member organizations represent only a tiny fraction of all SD training outfits nationwide, mostly because it is very costly and onerous to join. ADI is a very lucrative operation -- since it is foreign-based, complete tax records are unavailable, but one of its largest US-based members had holdings of over $43 million in 2009, according to its IRS filing. ADI's cozy relationship with the VA has long been known.

    Since the VA has not, until now, actually been providing SD's, veterans for whom they were prescribed have had to obtain them independently. In most cases, they have obtained them from non-ADI-accredited sources, which isn't surprising, given the law of averages. In my home state, for example, there exist no ADI-accredited sources offering SD's appropriate for my medical needs, although there are a number of very good, well-established non-ADI SD training academies local to me.

    The effect of this rule, if enacted, would be twofold: 1) It would leave the majority of veterans currently partnered with SD's ineligible for the benefit, and 2) It would exert pressure for veterans to arbitrarily choose ADI-accredited schools over equally qualified non-ADI schools.

    My question is, does this arrangement amount to a contract with ADI, even though the current proposal does not fund the actual cost of the dog, only travel and per diem to acquire it, and future upkeep expenses? (This would be likely to change if the rule is enacted, because Congress has mandated that the VA provide SD's, not expect the veteran to seek out an organization that will donate them at no charge.)

    Does it constitute unlawful market manipulation?

    Does it violate performance-based acquisition rules? An analogy would be if the VA decided to only authorize travel pay to veterans who purchased their vehicle through a BBB-accredited dealer. Most small dealers do not bother applying for BBB accreditation, and such accreditation is no guarantee that every vehicle they sell is roadworthy. If the VA had any interest in ensuring that veterans were operating roadworthy vehicles, it would require proof of inspection by a qualified mechanic, not proof that it was purchased through an outlet belonging to any private organization.

    Any help would be appreciated! Thanks in advance,

    ~~Cheryl

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Does a V.A. Proposed Rule Constitute a Contract

    A proposed rule isn't even a rule, let alone a contract - it's a proposal.

    Information on how to contact your Member of Congress is here, and for your Senator it's here.

  3. #3
    Join Date
    Sep 2011
    Posts
    3

    Default Re: Does a V.A. Proposed Rule Constitute a Contract

    Sorry, I should have said, "If the rule should be enacted, would it constitute a contract?" And I already have been contacting not only my own legislators, but every member of the Veterans Affairs committees in both chambers.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Does a V.A. Proposed Rule Constitute a Contract

    Regulations are not contracts.

  5. #5
    Join Date
    Sep 2011
    Posts
    3

    Default Re: Does a V.A. Proposed Rule Constitute a Contract

    Yes, but if a government regulation were written so as to favor a small minority of private entities based on their membership in a professional organization or trade union, would that violate any guidelines related to market manipulation?

    1. Sponsored Links
       

Similar Threads

  1. Entry of Judgments: Proposed Form of Judgment in California
    By rfc in forum Civil Procedure
    Replies: 1
    Last Post: 03-31-2011, 11:44 PM
  2. Evaluating a Proposed Custody Schedule
    By RSBRFamilyOf6 in forum Child Custody, Support and Visitation
    Replies: 9
    Last Post: 04-29-2010, 10:34 PM
  3. Fraud: Uk: Does This Constitute Fraud
    By Charlie888 in forum Criminal Charges
    Replies: 1
    Last Post: 03-16-2010, 05:22 AM
  4. Divorce: What Is A Proposed Judgement?
    By buntum in forum Divorce, Annulment and Separation
    Replies: 4
    Last Post: 03-05-2008, 08:39 AM
  5. Online Services: Does Selling on Ebay Constitute a Written Contract?
    By sqlmind07 in forum Consumer Law
    Replies: 3
    Last Post: 10-02-2007, 10:58 AM
 
 
Sponsored Links

Legal Help, Information and Resources