Decision

Decision  Costantino v. EOVS, VS-23-0013

Date: 10/17/2025
Organization: Division of Administrative Law Appeals
Docket Number: VS-23-0013
  • Petitioner: Ryan Costantino
  • Respondent: Executive Office of Veterans Services
  • Administrative Magistrate: James P. Rooney

Order of Dismissal

When Ryan Costantino applied for veterans’ benefits in July 2021, the Executive Office of Veterans Services (EOVS) determined he was not eligible because he did not meet the state’s definition of “veteran.”  Subsequently, the legislature passed the HERO Act in 2014, which changed the definition of veteran.  EOVS informed Mr. Costantino that because of this change, it was withdrawing its objection to his claim for veterans’ benefits.  The Town of Bedford has now paid him the benefits to which he is entitled, and according to the parties joint motion to dismiss, Mr. Costantino “will continue to meet the state definition of ‘veteran’ should re-apply for benefits in the future.

The motion to dismiss is granted and the appeal dismissed as moot because Mr. Constatino has received the relief he requested.  801 CMR 1.01(7)(g)3.         

Division of Administrative Law Appeals
James P. Rooney
James P. Rooney
First Administrative Magistrate
DIVISION OF ADMINISTRATIVE LAW APPEALS 
14 Summer St., 4th Floor 

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