Roosevelt Wallace - Page 11




                                       - 11 -                                         
          participated in the CWT program, a veterans’ program administered           
          by the VA, and, on account thereof, (2) he received a                       
          distribution from the VA Special Therapeutic and Rehabilitation             
          Activities Fund established pursuant to section 1718(c)(1)                  
          (sometimes, simply, the distribution), we are left only to                  
          determine whether the distribution constitutes a veterans’                  
          “benefit” within the meaning 38 U.S.C. section 5301(a) (2000).              
               B.  Principles of Statutory Construction                               
               As a general matter, if the language of a statute is                   
          unambiguous on its face, we apply the statute in accordance with            
          its terms, without resort to extrinsic interpretive aids such as            
          legislative history.  E.g., Garber Indus. Holding Co. v.                    
          Commissioner, 124 T.C. 1 (2005), affd. 435 F.3d 555 (5th Cir.               
          2006).  Accordingly, our initial inquiry is whether the language            
          of 38 U.S.C. section 5301(a) is so plain as to permit only one              
          reasonable interpretation insofar as the question presented in              
          this case is concerned.  See, e.g., Robinson v. Shell Oil Co.,              
          519 U.S. 337, 340 (1997).  That threshold determination must be             
          made with reference to the context in which such language                   
          appears.  Id. at 341.                                                       
               We also keep in mind that, when interpreting statutes                  
          relating to veterans, Federal veterans’ benefit statutes are to             
          be liberally construed for the benefit of a returning veteran,              
          see Coffy v. Republic Steel Corp., 447 U.S. 191, 196 (1980), and            







Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next 

Last modified: November 10, 2007