SERVICE ADVISORY — Links in the archive are not maintained. As a result, older links to opinions and arguments may not work or may no longer link directly to the object. The months of April through September 2018 are currently being updated below and are not yet complete.
Archive 2015-April 2018
June 2018
- June 27, 2018: The CAVC issued a precedential opinion in Abbott v. O'Rourke regarding the finding of no CUE in a claim for an increased rating for diverticulitis. [download.pdf]
- June 21, 2018: The CAVC issued a precedential order in Rowe v. O'Rourke after an order directing supplemental briefing regarding entitlement to a higher extraschedular rating for lumbar strain. [download.pdf]
- June 19, 2018: The CAVC issued a per curiam order in Shealey v. O'Rourke regarding a former counsel's lack of standing to bring an EAJA application. [download.pdf]
- June 19, 2018: The CAVC issued a per curiam order in Dixon v. O'Rourke regarding EAJA fees and ordered a settlement conference based on the order. [download.pdf]
- June 14, 2018: The CAVC issued an opinion in Chudy v. O'Rourke regarding extraschedular consideration for hearing loss. [download.pdf]
- June 7, 2018: The Federal Circuit issued an opinion in Martin v. O'Rourke regarding the CAVC's proper standard for evaluating writ of mandamus petitions that are based on unreasonable delay. [download here]
- June 4, 2018: The Federal Circuit issued an opinion in Acree v. O'Rourke regarding the standard for an effective oral claim withdrawal. [download.pdf]
May 2018
- May 31, 2018: The Federal Circuit issued an opinion in Robinson v. O'Rourke regarding whether the veteran was a "prevailing party" within the meaning of the EAJA for the purposes of entitlement to attorney fees. [download.pdf]
- May 16, 2018: The CAVC issued an opinion in Blue v. Wilkie regarding the award of EAJA fees where the CAVC found no error in the underlying Board decision. [download.pdf]
- May 4, 2018: The CAVC issued an opinion in O'Brien v. Wilkie regarding entitlement to dependency compensation for a dependent child based on legal guardianship. [download here]
- May 2, 2018: The Federal Circuit issued an opinion in Burris v. Wilkie regarding equitable relief for education costs and retroactive educational benefits. [download.pdf]
April 2018
- Apr. 26, 2018: The CAVC heard oral argument in Atencio v. Wilkie regarding whether structural GERD can ever be granted service connection as a medically unexplained chronic multisyptom illness. [listen here]
- Apr. 25, 2018: The CAVC heard oral argument in Simmons v. Wilkie regarding the interplay between the Court's duty to take account of prejudicial error and the prohibition on trying the facts de novo [listen here]
- Apr. 24, 2018: The CAVC heard oral argument in Johnson v. Wilkie regarding how to determine whether rating criteria are successive. [listen here]
- Apr. 24, 2018: New article added to the Article Index page --- Carolyn Ryan, The Common Law Solution to Gardner’s Presumption, 8 Veterans L. Rev. 24 (2016).
- Apr. 19, 2018: The CAVC heard oral argument in Spellers v. Wilkie regarding how the use of an assistive device factors into consideration of an extraschedular rating. [listen here]
- Apr. 15, 2018: New article added to the Article Index page --- Jessica Lynn Wherry, The Impossibility of Establishing Service Connection in Veterans Disability Compensation Claims when Records Are Lost or Destroyed, 83 Brook. L. Rev. 477 (2018).
- Apr. 6, 2018: VA announced that it was withdrawing its proposed rule to rewrite its adjudication regulations: VA Compensation and Pension Regulation Rewrite Project, 83 Fed. Reg. 14,803 (Apr. 6, 2018) [download .pdf]
- Apr. 4, 2018: The Federal Circuit heard oral argument in Cornell v. Wilkie regarding the procedures for appealing an attorney fee dispute [listen here].
- Apr. 3, 2018: The Federal Circuit issued an opinion in Saunder v. Wilkie reversing the CAVC's opinion in Sanchez-Benitez and holding that undiagnosed pain may be granted service connection. [download .pdf]
- Apr. 3, 2018: The Federal Circuit heard oral argument in Acree v. Wilkie regarding the requirements to withdraw an appeal during a hearing [listen here].
- Apr. 2, 2018: The Federal Circuit heard oral argument in Topliff v. Wilkie regarding the presumption of sound condition [listen here] and Burris v. Wilkie regarding equitable tolling at the agency level [listen here].
March 2018
- Mar. 12, 2018: The CAVC issued an opinion in Porriello v. Shulkin regarding collateral attacks on the Board's jurisdiction to consider a CUE motion. [listen here]
- Mar. 5, 2018: The CAVC heard en banc oral argument in Monk v. Shulkin regarding the viability of a class action to address systemic delays in VA's appeals process. [listen here]
- Mar. 5, 2018: The Federal Circuit heard oral argument in Young v. Shulkin regarding VA's duty to assist. [listen here]
February 2018
- Feb. 28, 2018: The Federal Circuit issued an opinion in Bly v. Shulkin regarding when the time to file an EAJA application begins to run. [download .pdf]
- Feb. 23, 2018: The CAVC issued an opinion in Golden v. Shulkin regarding the evidentiary value of GAF scores in rating the severity of mental health conditions. [listen here]
- Feb. 15, 2018: The CAVC heard oral argument in Stewart v. Shulkin regarding how to determine which conditions are medically unexplained chronic multi-symptom illnesses. [listen here].
- Feb. 13, 2018: The CAVC heard oral argument in BN v. Shulkin regarding an appellant's access of statistical data from the Board of Veterans' Appeals [listen here], Crowell v. Shulkin regarding how to determine which symptoms are contemplated by the rating code [listen here], and Petermann v. Shulkin regarding a different aspect of how to determine which symptoms are contemplated by the rating code [listen here].
- Feb. 8, 2018: The CAVC issued an opinion in Harvey v. Shulkin regarding representatives acting as experts in cases that they handle. [download .pdf]
- Feb. 5, 2018: The CAVC issued an opinion in George v. Shulkin regarding adjudicating reconsideration of claims based upon newly obtained service department records. [download .pdf]
- Feb. 5, 2018: The Federal Circuit heard oral argument in Hiles v. Shulkin regarding the due process implications of VA's failure to issue a decision on the veteran's competence [listen here] and Gerace v. Shulkin regarding when VA must obtain service department records [listen here].
- Feb. 1, 2018: The CAVC heard oral argument in Dixon v. Shulkin regarding the availability of EAJA fees for equitable tolling litigation. [listen here]
January 2018
- Jan. 31, 2018: The Federal Circuit issued a precedential order in Kisor v. Shulkin denying en banc review of the issue of whether Auer deference is consistent with the canon of veteran friendly interpretation. [download .pdf]
- Jan. 26, 2018: The CAVC issued an opinion in Rosinski v. Shulkin regarding attorney standing. [download .pdf]
- Jan. 23, 2018: The CAVC issued an opinion in Marcelino v. Shulkin regarding whether obesity is a disability for VA compensation purposes. [download .pdf]
- Jan. 23, 2018: The CAVC heard oral arguments in Williams v. Shulkin regarding the meaning of "deformity" for rating purposes. [listen here]
- Jan. 22, 2018: The CAVC issued an opinion in Foreman v. Shulkin regarding whether 38 C.F.R. § 3.304(f) was a liberalizing change in regulation. [download .pdf]
- Jan. 22, 2018: The CAVC heard oral arguments in Ravin v. Shulkin regarding whether work before the Court and work before the agency is always the "same work" for EAJA offset purposes. [listen here]
- Jan. 19, 2018: The CAVC heard oral arguments in Golden v. Shulkin regarding the relevance of GAF scores to rating a mental health disabilty. [listen here]
- Jan. 10, 2018: The Federal Circuit heard oral argument in Bly v. Shulkin regarding the deadline for filing an EAJA petition after a joint motion for remand at the CAVC. [listen here]
- Jan. 9, 2018: The CAVC heard oral argument in Blue v. Shulkin regarding how to determine whether a remand was predicated on error for EAJA purposes. [listen here]
December 2017
- Dec. 21, 2017: The CAVC issued an opinion in King v. Shulkin regarding extraschedular ratings for hearing loss. [download .pdf]
- Dec. 19, 2017: The CAVC heard oral argument in Morgan v. Shulkin regarding when the Board must consider an extraschedular rating for hearing loss. [listen here]
- Dec. 18, 2017: The Federal Circuit issued an opinion in Crediford v. Shulkin regarding the effect of service department findings on determinations of willful misconduct. [download .pdf]
- Dec. 14, 2017: The Federal Circuit issued a precedential opinion in Ebanks v. Shulkin regard long delays in providing Board hearings. [download .pdf]
- Dec. 13, 2017: The CAVC issued a precedential opinion in Rossy v. Shulkin regarding extraschedular ratings for hearing loss [download .pdf]
- Dec. 12, 2017: The CAVC issued a precedential order in Browder v. Shulkin regarding the appealability of a VA investigation into fiduciary misconduct. [download .pdf]
- Dec. 8, 2017: VA issued a new final rule — Extra-Schedular Evaluations for Individual Disabilities, 82 Fed. Reg. 57,830 (Dec. 8, 2017) [download .pdf]
- Dec. 8, 2017: The CAVC heard oral argument in George v. Shulkin regarding the proper procedure for considering newly obtained service department records. [listen here]
- Dec. 7, 2017: The Federal Circuit heard oral argument in Brown v. Shulkin regarding the consequences of failing to respond to a show-cause order. [listen here].
- Dec. 5, 2017: The CAVC heard oral argument in Turner v. Shulkin regarding the doctrine of constructive possession of records. [listen here]
- Dec. 4, 2017: The CAVC heard oral argument in Withers v. Shulkin regarding the meaning of "sedentary employment." [listen here]
- Dec. 3, 2017: New article added to the Article Index page --- Bradford Adams and Dana Montalto, With Malice Toward None: Revisiting the Historical and Legal Basis for Excluding Veterans from “Veteran” Services, 122 Penn. St. L. Rev. 69 (2017).
November 2017
- Nov. 30, 2017: The CAVC issued an opinion in Frost v. Shulkin regarding secondary service connection. [download .pdf]
- Nov. 29, 2017: The CAVC issued an opinion in Lyles v. Shulkin regarding rating knee disabilities. [download .pdf]
- Nov. 16, 2017: The Federal Circuit issued a precedential opinion in Gray v. Secretary of Veterans Affairs regarding its jurisdiction to consider a direct rulemaking challenge to a change to the M21-1 manual. [download .pdf]
- Nov. 16, 2017: The CAVC heard oral argument in King v. Shulkin regarding extraschedular ratings for hearing loss. [listen here]
- Nov. 15, 2017: The CAVC heard oral argument in Marcelino v. Shulkin regarding whether obesity is a disability. [listen here]
- Nov. 6, 2017: The Federal Circuit heard oral argument in Saunders v. Shulkin regarding when compensation benefits may be awarded for pain. [listen here]
- Nov. 5, 2017: New article added to the Article Index page --- Michael J.Wishnie, “A Boy Gets Into Trouble”: Service Members, Civil Rights, And Veterans’ Law Exceptionalism, 97 B.U.L.R. 1709 (2017).
- Nov. 1, 2017: The CAVC heard oral argument in Watson v. Shulkin regarding the presumption of competence for VA experts providing opinions pursuant to the duty to assist. [listen here]
October 2017
- Oct. 30, 2017: The CAVC issued a precedential order in James v. Shulkin regarding what constitutes an extraordinary circumstance to allow for equitable tolling. [download .pdf]
- Oct. 26, 2017: The CAVC issued precendential orders in Sucic v. Shulkin regarding who is eligible to substitute after a veteran's death [download .pdf] and Mead v. Shulkin regarding equitable tolling of the time to file an EAJA application [download .pdf].
- Oct. 10, 2017: The CAVC heard single-judge argument in Johnson v. Shulkin regarding the clear-error standard and the court's authority to reverse a Board decison. [listen here]
- Oct. 2, 2017: The Federal Circuit heard oral argument in Ruffin v. Shulkin regarding the treatment of appeals where the veteran's records have been lost [listen here] and Sterling v. Shulkin regarding when mailing to an incorrect address can justify equitable tolling [listen here].
September 2017
- Sept. 20, 2017: The CAVC heard oral argument in Rosinski v. Shulkin regarding representitive access to draft regional office decisions, representative standing to raise the procedural rights of claimants, and the potential use of class action authority to address the substantive isues. [listen here]
- Sept. 18, 2017: The CAVC issued an opinion in Urban v. Shulkin regarding the evaluation of coexisting service-connected respiratory conditions under 38 C.F.R. § 4.96(a). [download .pdf]
- Sept. 17, 2017: The CAVC issued an opinion in Goodman v. Shulkin regarding medically unexplained chronic multi-symptom illnesses. [download .pdf]
- Sept. 12, 2017: The CAVC isued an opinion in Jensen v. Shulkin regarding entitlement to specially adapted housing. [download .pdf]
- Sept. 7, 2017: The Federal Circuit issued an opinion in Kisor v. Shulkin regarding which service department records may lead to an earlier effective date under 38 C.F.R. §3.156(c). [download .pdf]
- Sept. 6, 2017: The CAVC issued an opinion in Sharp v. Shulkin regarding the rating of conditions that experience flare ups. [download .pdf]
- Sept. 6, 2017: The Federal Circuit heard oral argument in Lafortune v. Shulkin regarding marital determinations for benefits purposes. [listen here]
August 2017
- Aug. 31, 2017: The CAVC issued an opinion in Patricio v. Shulkin regarding procedural issues in contested claims and proper determinations of marital status involving multiple jurisdictions. [download .pdf]
- Aug. 23, 2017: The president signed into law the Veterans Appeals Improvement and Modernization Act of 2017, which replaces the current claims appeals process with a new system scheduled to go into effect in 18 months. [download .pdf]
- Aug. 22, 2017: The Federal Circuit issued an opinion in Gazelle v. Shulkin regarding whether the combined ratings table applies to determinations under 38 U.S.C. § 1114(s)(1). [download .pdf]
- Aug. 9, 2017: The CAVC published an opinion in Garcia v. Shulkin regarding the limits on successive CUE motions challenging Board decisions. [download .pdf]
- Aug. 3, 2017: VA published a new proposed rule — Schedule for Rating Disabilities; Dental and Oral Conditions, 82 Fed. Reg. 36080 (Aug. 3, 2017) [download .pdf]
- Aug. 1, 2017: VA published a new proposed rule — Schedule for Rating Disabilities; Musculoskeletal System and Muscle Injuries, 82 Fed. Reg. 35719 (Aug. 1, 2017) [download .pdf]
July 2017
- Jul. 28, 2017: VA published a new proposed rule — Schedule for Rating Disabilities; The Genitourinary Diseases and Conditions, 82 Fed. Reg. 35140 (Jul. 28, 2017). [download .pdf]
- Jul. 20, 2017: The CAVC heard oral argument in Frost v. Shulkin regarding service connection for physical injury secondary to PTSD. [listen here]
- July 19, 2017: The Federal Circuit issued an opinion in Manzanares v. Shulkin regading the proper effective date for a secondary service connection claim. [download .pdf]
- Jul. 14, 2017: The Federal Circuit issued a precedential opinion in Johnson v. Shulkin reversing the CAVC's opinion in Johnson v. McDonald, 27 Vet.App. 497 (2016) regarding the definition of systemic therapy. [download .pdf]
- Jul. 12, 2017: The CAVC heard oral argument in Sucic v. Shulkin regarding who qualifies to substitute for a deceased veteran. [listen here]
- Jul. 10, 2017: The Federal Circuit heard oral arugment in In re Ravin regarding what evidence the CAVC may consider in an attorney discipline matter. [listen here]
- Jul. 10, 2017: GAO released a new report --- Gulf War Illness: Improvements Needed for VA to Better Understand, Process, and Communicate Decisions on Claims, GAO-17-511 (July 10, 2017) [download .pdf]
June 2017
- Jun. 26, 2017: The CAVC heard oral argument in Garcia v. Shulkin regarding the proper procedure for bringing a collateral assertion that evidence was not considered in an original decision. [download .pdf]
- Jun. 26, 2017: The Supreme Court denied certiorari in Mathis v. Shulkin regarding the presuption of competence of VA medical examiners. Justices Sotomayor and Gorsuch each wrote separately regarding the denial. [download .pdf]
- Jun. 14, 2017: The Federal Circuit issued an opinion dismissing a petition to review an M21-1 Manual provision addressing the definition of a medically unexplained chronic multisymptom illness. [download .pdf]
- Jun. 9, 2017: The Federal Circuit heard oral argument in Goodman v. Shulkin regarding the role of a medical examiner in determing whether condition is a medically unexplained chronic multisymptom illness. [listen here]
- Jun. 8, 2017: The Federal Circuit heard oral argument in Clarke v. Shulkin regarding the degree to which the CAVC can address factual issues in the first instance. [listen here]
- Jun. 7, 2017: The Federal Circuit issued an opinion in Snyder v. Secretary of Veterans Affairs regarding a rulemaking petition challenging and OGC precedential opinion on the procedure governing an attorney fee dispute after the veteran's death. [download .pdf]
- Jun. 7, 2017: The Federal Circuit heard oral argument in Washington v. Shulkin regarding how the CAVC defines same work for purposes of EAJA. [listen here]
- Jun. 6, 2017: The Federal Circuit heard oral argument in Kisor v. Shulkin regarding which service department records may lead to an earlier effective date under 38 C.F.R. §3.156(c). [listen here]
- Jun. 5, 2017: The Federal Circuit heard oral argument in Gazelle v. Shulkin regarding the calculation of the proper rating for a veteran with multiple disabilities. [listen here]
- Jun. 1, 2017: The CAVC issued an opinion in Molitor v. Shulkin regarding the duty to assist as it pertains to obtaining records of third parties to corroborate PTSD stressors. [download .pdf]
May 2017
- May 26, 2017: The Federal Circuit issued an opinion in Ollis v. Shulkin regarding the standard of causation in claims under 38 U.S.C. § 1151. [download .pdf]
- May 23, 2017: GAO released a new report --- Actions Needed to Ensure Post-Traumatic Stress Disorder and Traumatic Brain Injury are Considered in Misconduct Separation, No. GAO-17-260, (May 16, 2017) [download .pdf]
- May 5, 2017: The Federal Circuit heard oral argument in the consolidated cases of Gray v. Secretary of Veterans Affairs and Blue Water Navy Vietnam Vets v. Secretary of Veterans Affairs regardingthe validity of the Manual M21-1 provisions governing exposure to Agent Orange near the coast of Vietnam. [listen here]
- May 2, 2017: The House Veterans Affairs Committee held a legislative hearing on the Veterans Appeals Improvement and Modernization Act of 2017 [House page for the hearing].
- May 2, 2017: The Federal Circuit heard oral argument in Snyder v. Secretary of Veterans Affairs regarding the court's authority to hear a direct challenge to a precedential opinion of VA's Office of General Counsel. [listen here]
- May 1, 2017: The Federal Circuit heard oral argument in Diggs v. Shulkin regarding the pleading requirement for a valid substantive appeal [listen here], Rice v. Shulkin regarding credibility determinations involving incompetent veterans [listen here], Manzanares v. Shulkin regarding the nature of secondary service connection claims [listen here], and Disabled American Veterans v. Secretary of Veterans Affairs regarding the validity of the Manual M21-1 provisions governing undiagnosed illnesses [listen here].
April 2017
- Apr. 26, 2017: The Federal Circuit issued an opinion in Monk v. Shulkin regarding the CAVC's authority to hear class action litigation. [download .pdf]
- Apr. 19, 2017: The CAVC issued an opinion in Eicher v. Shulkin regarding the court's authority to review equitable relief under 38 U.S.C. § 503. [download .pdf]
- Apr. 18, 2017: The CAVC issued an opinion in Cantrell v. Shulkin regarding the meaning employment in a "sheltered work environment." [download .pdf]
- April 5, 2017: The Federal Circuit heard oral argument in Castillo v. Shulkin regarding the rating of mental health conditions. [listen here]
- Apr. 4, 2017: The Federal Circuit heard oral argument in Gaeta v. Shulkin regarding the presumption of sound condition [listen here], Manigault v. Shulkin regarding service connection for schizophrenia diagnosed in service[listen here] and Ackerson v. Shulkin regarding the scope of 38 U.S.C. § 105(a) [listen here].
- Apr. 3, 2017: The Federal Circuit heard oral argument in Johnson v. Shulkin regarding the meaning of systemic therapy for purposes of rating disabilities [listen here] and in Robinson v. Shulkin regarding prevailing party status under the Equal Access to Justice Act [listen here].
March 2017
- Mar. 31, 2017: The CAVC heard oral argument in Molitor v. Shulkin regarding when the duty to assist requires VA to seek records of service members other than the veteran. [listen here]
- Mar. 27, 2017: The CAVC issued an opinion in Bankhead v. Shulkin regarding how suicidal ideation should be considered in rating a mental health disability. [download .pdf]
- Mar. 20, 2017: The CAVC heard oral argument in Jensen v. Shulkin regarding the definition of "loss of use" for eligibility for adaptive housing. [listen here]
- Mar. 13, 2017: The Federal Circuit published an opinion in Parrott v. Shulkin regarding the selection of an hourly rate for an EAJA petition. [download .pdf]
- Mar. 10, 2017: The Federal Circuit heard oral argument in Hime v. Shulkin regarding CUE review of Board decisions that were decided by panels containing medical members. [listen here]
- Mar. 8, 2017: The Federal Circuit heard oral argument in Loyd v. Shulkin regarding reopening of claims based upon recently obtained military records. [listen here]
- Mar. 6, 2017: The CAVC issued an opinion in Miller v. Shulkin regarding ratings of sensory disabilities under 38 C.F.R. § 4.124a. [download .pdf]
- Mar. 6, 2017: The CAVC issued an opinion in Doucette v. Shulkin regarding extraschedular rating of hearing loss. [download .pdf]
- Mar. 6, 2017: The Federal Circuit heard oral argument in Batson v. Shulkin regarding the implicit denial of claims. [listen here]
- Mar. 3, 2017: New article added to the Article Index page --- Rabia Belt, Ballots for Bullets?: Disabled Veterans and the Right to Vote, 69 Stan. L. Rev. 435 (2017).
- Mar. 3, 2017: The National Academies Press has released a new report --- Assessment of the Department of Veterans Affairs Airborne Hazards and Open Burn Pit Registry (2017) [download a free copy in .pdf]
February 2017
- Feb. 27, 2017: The CAVC heard oral argument in Cantrell v. Shulkin regarding the definition of a protected work environment. [listen here]
- Feb. 27, 2017: New article added to the Article Index page --- Stacey-Rae Simcox, Thirty Years after Walters the Mission is Clear, the Execution is Muddled: A Fresh Look at the Supreme Court’s Decision to Deny Veterans the Due Process Right to Hire Attorneys in the VA Benefits Process, 84 U. Cin. L. Rev. 671 (2016).
- Feb. 16, 2017: The CAVC heard single-judge argument in Pirkl v. Shulkin regarding the effect of revising a decision on the basis of CUE. [listen here]
- Feb. 7, 2017: The Independent Budget for FY2018 has been released. [download .pdf]
- Feb. 7, 2017: The CAVC heard oral argument in Urban v. Snyder regarding rating the combined effects of asthma and sleep apnea [listen here].
- Feb. 6, 2017: The Federal Circuit heard oral arguments in Edmonson v. Snyder regarding exposure to herbicide agents outside of Vietnam [listen here] and Bonner v. Snyder regarding the scope of the duty to assist [listen here].
January 2017
- Jan. 31, 2017: The CAVC issued an opinion in Cook v. Snyder regarding the right to multiple Board hearings. [download .pdf]
- Jan. 25, 2017: The Fed. Cir. issued a published opinion in Kays v. Snyder regarding proof of the stressor requirement in a PTSD claim. [download .pdf]
- Jan. 13. 2017: VA published a new final rule — Diseases Associated With Exposure to Contaminants in the Water Supply at Camp Lejeune, 82 Fed. Reg. 4173 (Jan. 13, 2017). [download .pdf]
- Jan. 13, 2017: The Federal Circuit heard oral argument in Ollis v. McDonald regarding the causation requirement under 38 U.S.C. § 1151. [listen here]
- Jan. 9, 2017: The Federal Circuit heard oral argument in Hornbeak v. McDonald regarding review of credibility determinations. [listen here]
- Jan. 6, 2017: VA's Office of General Counsel issued an opinion on when service connection may be granted for obesity. [download .pdf]
- Jan. 5, 2017: The CAVC issued an opinion in Vilfranc v. McDonald regarding disablity ratings for temporomandibular joint dysfunction. [download .pdf]
December 2016
- Dec. 20, 2016: New article added to the Article Index page --- Michael J. Elizondo, Note, Justice Should Not Be a Lottery: An Examination of Disparate Outcomes in Hearing Loss Cases at the Veterans Court, 48 U. Pac. L. Rev. 139 (2016).
- Dec. 15, 2016: The CAVC issued an opinion in Southall-Norman v. McDonald regarding the applicability of 38 C.F.R. § 4.59 when evaluating a musculoskeletal disability under a diagnostic code that is not predicated on range of motion measurements. [download .pdf]
- Dec. 12, 2016: The CAVC issued an opinion in Cornell v. McDonald regarding an attorney's entitlement to fees based upon an award of TDIU after representation has concluded. [download .pdf]
- Dec. 6, 2016: The CAVC heard oral argument in Vilfranc v. McDonald regarding disability ratings for temporomandibular joint disorders [listen here].
- Dec. 5, 2016: The Federal Circuit heard oral argument in Crawford v. McDonald regarding when a claim for secondary service connection is ripe for decision at the Board [listen here] and Parrott v. McDonald regarding calculating the hourly rate for an Equal Access to Justice Act fee [listen here].
November 2016
- Nov. 16, 2016: The CAVC heard oral argument in Doucette v. McDonald regarding extraschedular ratings for hearing loss [listen here].
- Nov. 11, 2016: The Center for New American Security released a report, Onward and Upward: Understanding Veteran Retention and Performance in the Workforce [download .pdf]
- Nov. 10, 2016: The VA released a report, MyVA Transformation Update [download .pdf]
- Nov. 8, 2016: The CAVC issued an en banc opinion in McCarroll v. McDonald regarding whether the ameliorative effects of medication should be considered in rating hypertension under DC 7101. [download .pdf]
- Nov. 8, 2016: The CAVC issued an opinion in Cox v. McDonald regarding whether Afganistan is part of southwest Asia for purposes of 38 U.S.C. §1117. [download .pdf]
- Nov. 8, 2016: New article added to the Article Index page --- Grace C. Brier, Note, How to Shrink a Growing Problem: Improving the System of Benefits for Obese Veterans, in Light of the American Medical Association’s Recent Classification of Obesity as a Disease, 26 Fed. Circuit B.J. 67 (2016).
- Nov. 2, 2016; The Federal Circuit heard oral argument in Williams v. McDonald regarding the evidence needed to rebut the presumption of aggrevation. [listen here]
- Nov. 1, 2016: The Federal Circuit heard oral argument in Shuler v. McDonald regaring proper proof of the lack of an informed consent to surgery. [listen here]
October 2016
- Oct. 28, 2016: The CAVC issued a precedential order in Green v. McDonald regarding attorney access to the Veterans Benefits Management System (VMBS). [download .pdf]
- Oct. 14, 2016: The CAVC issued an opinion in Mathews v. McDonald regarding the requirement that the Board provide reasons or bases in its decisions. [download .pdf]
- Oct. 7, 2016: The CAVC issued an opinion in Bly v. McDonald regarding the timeliness of EAJA applications. [download .pdf]
- Oct. 7, 2016: The CAVC issued an opinion in Hill v. McDonald regarding the applicability of the presumption of sound condition to periods of active duty for training. [download .pdf]
- Oct. 6, 2016: The Federal Circuit heard oral argument in Kays v. McDonald regarding the requirement to corroborate the stressor in a PTSD claim. [listen here]
September 2016
- Sept. 30, 2016: The CAVC issued an opinion in Chisholm v. McDonald regarding accredidation of support staff. [download .pdf]
- Sept. 28, 2016: The CAVC heard oral argument in Cornell v. McDonald regarding the proper procedures to contest an attorney fee at the agency level. [listen here]
- Sept. 14, 2016: The CAVC issued an opinion in Warren v. McDonald regarding the criteria for a valid withdrawal of an appeal. [download .pdf]
- Sept. 9, 2016: The Federal Circuit issued an opinion in Aldridge v. McDonald regarding equitable tolling. [download .pdf]
August 2016
- Aug. 26, 2016: The CAVC issued an opinion in Braan v. McDonald regarding a vetearn's standing to claim CHAMPVA benefits on behalf of his spouse. [download .pdf]
- Aug. 19, 2016: The Federal Circuit issued a published order denying en banc review in Mathis v. McDonald. Several concurrances discuss the presumption of competence of VA physicians who provide medical opinions in benefits claims. [download .pdf]
- Aug. 18, 2016: New article added to the Article Index page --- Jenny J. Tang, Reason and Equilibrium In Veterans Law: A Game-Theoretical Defense of the Standards that Determine the Scope of Claims, 25 Fed. Circuit B.J. 519 (2016) [download .pdf]
- Aug. 11, 2016: The CAVC issued an opinion in Garza v. McDonald regarding eligibility for educational benefits under 38 C.F.R. §§ 21.9570 and 21.9625. [download .pdf]
- Aug. 10, 2016: The CAVC issued an opinion in Emerson v. McDonald regarding the earlier effective date regulations that apply to newly discovered service department records. [download .pdf]
- Aug. 9, 2016: New article added to the Article Index page --- Paul M. Schoenhard, 2015 Veterans Law Decisions of the Federal Circuit, 65 Am. U. L. Rev. 1059 (2016).
- Aug. 5, 2016: The Federal Circuit heard oral argument in Shields v. McDonald regarding notice and the presumption of regularity in mailing. [listen here]
July 2016
- Jul. 14, 2016: The CAVC issued a precedential order in Robinson v. McDonald regarding VA's obligation to produce the original paper claims file of a VBMS case when a claim is on appeal to the court. [download .pdf]
- Jul. 11, 2016: The CAVC issued an opinion in Parseeya-Picchione v. McDonald regarding exposure to Agent Orange in Thailand. [download .pdf]
- Jul. 6, 2016: The CAVC issued an opinion in Correia v. McDonald regarding the Secretary's duty to assist under 38 C.F.R. § 4.59. [download .pdf]
June 2016
- Jun. 30, 2016: New article added to the Article Index page --- Kaylee R. Gum, Note, Military Sexual Trauma and Department Of Veterans Affairs Disability Compensation for PTSD: Barriers, Evidentiary Burdens and Potential Remedies, 22 Wm. & Mary J. Women & L. 689 (2016).
- Jun. 23, 2016: New article added to the Article Index page --- James D. Ridgway, Barton F. Stichman, & Rory E. Riley, Not Reasonably Debatable': The Problems with Single-Judge Decisions by the Court of Appeals for Veterans Claims, 27 Stan. L. & Pol'y Rev. 1 (2016) [download .pdf]
- Jun. 10, 2016: The CAVC issued opinions in Holle v. McDonald regarding eligibility and application deadlines for CHAMPVA and [download .pdf] and Noah v. McDonald regarding the constitutionality of certain VA notice letters [download .pdf].
- Jun. 8, 2016: The Federal Circuit heard oral argument in Aldridge v. McDonald regarding equitable tolling. [listen here]
- Jun. 7, 2016: The Federal Circuit heard oral argument in Kellogg v. McDonald regarding the circumstances under which the CAVC may reverse a Board decision rather than remand the matter. [listen here]
- Jun. 6, 2016: The Federal Circuit heard oral argument in Monk v. McDonald regarding the CAVC's authority to organize aggregate litigation [listen here] and Jordan v. McDonald regarding the competence of lay evidence on issues of medical nexus [listen here].
- Jun. 3, 2016: The CAVC issued an en banc opinion in Butts v. McDonald regarding the substantial justification element in EAJA analysis. [download .pdf]
May 2016
- May 20, 2016: The CAVC issued an opinion in Ortiz-Valles v. McDonald regarding the adjudication of entitlement to TDIU. [download .pdf]
- May 18, 2016: The Federal Circuit issued an opinion in Hudgens v. McDonald regarding disability ratings for partial knee replacements. [download .pdf]
- May 17, 2016: The CAVC issued a published order in Threatt v. McDonald regarding equitable tolling. [download .pdf]
- May 10, 2016: The CAVC issued an opinion in Warren v. McDonald regarding the meaning of “systemic therapy such as corticosteroids or other immunosuppressive drugs” under 38 C.F.R. § 4.118. [download .pdf]
- May 7, 2016: New article added to the Article Index page — Bradley W. Hennings, David E. Boelzner, & Jennifer Rickman White, Now is the Time: Experts vs. the Uninitiated as Future Nominees to the U.S. Court of Appeals for Veterans Claims, 25 Fed. Cir. B.J. 371 (2016) [download .pdf]
- May 6, 2016: The Federal Circuit heard oral argument in Pederson v. McDonald regarding the standard to qualify for TDIU. [download .pdf]
April 2016
- Apr. 22, 2016: The Federal Cicuit published an opinion in Sneed v. McDonald regarding when equitable tolling may be granted based upon attorney abandonment. [download .pdf]
- Apr. 20, 2016: VA published a new proposed rule — Extra-Schedular Evaluations for Individual Disabilities, 81 Fed. Reg. 23,228 (Apr. 20, 2016) [download .pdf]
- Apr. 8, 2016: The CAVC issued an opinon in Staab v. McDonald regarding reimbursement of medical expenses under 38 U.S.C. § 1725. [download .pdf]
- Apr. 7, 2016: The Federal Circuit issued opinions in Veterans Justice Group, LLC v. Secretary of Veterans Affairs upholding VA's rulemaking regarding standard forms [download .pdf] and in Dover v. McDonald regarding the prevailing party requirement under EAJA [download .pdf]
- Apr. 5, 2016: The Federal Circuit heard oral argument in Sovis v. McDonald regarding the duty to assist [listen here] and in Mitchell v. McDonald regarding reopening character of discharge determinations [listen here].
March 2016
- Mar. 29, 2016: The CAVC heard oral argument in Robinson v. McDonald regarding VA's duty to retain and produce the original physical copies of records that have been scanned into its electronic claims file system. [listen here]
- Mar. 11, 2016: The CAVC issued an opinion in McKinney v. McDonald regarding what findings in an entrance examination are sufficient to prevent the presumption of sound condition from attaching. [download .pdf]
- Mar. 10, 2016: The Federal Circuit heard oral argument in Andrews v. McDonald regarding the CAVC's obligation to follow the mandate of a Federal Circuit decision. [listen here]
- Mar. 9, 2016: The Federal Circuit heard oral argument in Evans v. McDonald regarding what constitutes a manifest change in outcome to support a CUE motion [listen here] and Custer v. McDonald regarding whether findings of credibility by the Board are binding on future VA adjudications [listen here].
- Mar. 8, 2016: The CAVC released its annual report for fiscal year 2015. [download .pdf]
- Mar. 8, 2016: The Federal Circuit issued opinions in Sullivan v. McDonald regarding the scope of VA's duty to get records under 38 C.F.R. § 3.159(c)(3) [download .pdf] and Thompson v. McDonald regarding the interpretation of 38 C.F.R. § 4.40 in light of § 4.71a in rating orthopedic disabilities [download .pdf]
- Mar. 8, 2016: The Federal Circuit heard oral argument in Disabled American Veterans v. Secretary of Veterans Affairs [listen here] and Paralyzed Veterans of America v. Secretary of Veterans Affairs [listen here] challening VA's rulemaking requiring the use of standard forms.
- Mar. 8, 2016: The CAVC heard oral argument in Emerson v. McDonald regarding whether effective date rule of 38 C.F.R. § 3.156(c) applies when relevant service department records are discovered after a claim is granted on a prior reopening. [listen here]
- Mar. 7, 2016: The Federal Circuit heard oral argument in Palomer v. McDonald regarding whether equitable tolling of the time to file an NOA with the CAVC is available based upon mailing delays in the Philipines. [listen here]
- Mar. 3, 2016: The Federal Circuit issed an opinion in Service Women's Action Network v. Secretary of Veterans Affairs denying a petition to order VA to issue a rule regarding military sexual trauma claims. [download .pdf]
- Mar. 3, 2016: The CAVC issued an opinion in Hime v. McDonald regarding what constitutes CUE in a pre-VJRA Board decision where a medical member was on the panel. [download .pdf]
- Mar. 2, 2016: The CAVC heard oral argument in Chisholm v. McDonald regarding whether VA must grant a firm's paralegal access to the agency's electronic claims folder system. [listen here]
- Mar. 1, 2016: The Fed. Cir. issued opinions in Dickens v. McDonald [download .pdf] and Bozeman v. McDonald [download .pdf] both regarding issue exhaustion at the CAVC.
- Mar. 1, 2016: The CAVC issued an opinion in Johnson v. McDonald regarding rating the use of topical corticosteroids under 38 C.F.R. § 4.118. [download .pdf]
February 2016
- Feb. 26, 2016: The CAVC issued an opinion in Yancy v. McDonald regarding rating foot conditions and regarding the Board's jurisdiction to consider extraschedular ratings. [download .pdf]
- Feb. 24, 2016: The CAVC heard oral argument in Noah v. McDonald regarding whether equitable tolling applies to filings at the agency level. [listen here]
- Feb. 16, 2016: The National Academies Press has released a new report --- Gulf War and Health: Volume 10: Update of Health Effects of Serving in the Gulf War, 2016 (2016). [download a free copy in .pdf]
- Feb. 12, 2016: The CAVC issued an opinion in Sowers v. McDonald regarding minimal compensable ratings under 38 C.F.R. § 4.59. [download .pdf]
- Feb. 12, 2016: The Independent Budget group of VSOs released their Budget Recommendations for FY 2017 and FY 2018. [download .pdf]
- Feb. 5, 2016: The Federal Circuit heard oral argument in Sneed v. McDonald regarding equitable tolling of the time to file an NOA based upon attorney abandoment. [listen here]
- Feb. 4, 2016: The Federal Circuit heard oral argument in Minter v. McDonald regarding the meaning of a protected work environment. [listen here]
- Feb. 4, 2016: A new article has been added to the
Article Index page --- Stacey-Rae Simcox,
Lightening the VA’s Rucksack: A Proposal for Higher Education
Medical-Legal Partnerships to Assist the VA in Efficiently and
Accurately Granting Veterans Disability Compensation, 25 Cornell J.L. & Pub. Pol’y 141 (2016)
- Feb. 2, 2016: The CAVC issued an opinion in Gazelle v. McDonald regarding whether the combined ratings table applies to determinations under 38 U.S.C. § 1114(s)(1). [download .pdf]
- Feb. 2, 2016: The Federal Circuit heard oral argument in Mathis v. McDonald regarding whether VA physicians are obligated to automatically disclose their credentials [listen here] and Rehm v. McDonald regarding the content of an adequate medical examination [listen here].
- Feb. 1, 2016: The Federal Circuit heard oral argument in Brescia v. McDonald regarding when the Board of Veterans' Appeals may discount lay testimony. [listen here]
January 2016
- Jan. 14, 2016: The National Academies Press has released a new report --- Assessing Health Outcomes Among Veterans of Project SHAD (Shipboard Hazard and Defense) [download free .pdf from their website]
- Jan. 13, 2016: The Fed. Cir. issued an opinion in National Org of Veterans Advoc v. Secretary of Veterans Affairs regarding the validity of VA's substitution regulations. [download .pdf]
- Jan. 12, 2016: The CAVC heard oral argument in Yancy v. McDonald regarding rating foot conditions that do not have a specific diagnostic code. [listen here]
- Jan. 7, 2016: The Federal Circuit issued an opinion in Cogburn v. McDonald regarding the scope of the implicit denial doctrine. [download .pdf]
- Jan. 6, 2016: VA's Office of Inspector General released a new report --- Review of Alleged Problems with Veterans Benefits Management System and Claims Processing, 14-04816-72 (Jan. 6, 2016). [download .pdf]
- Jan. 4, 2016: The Federal Circuit heard oral argument in Sanchez-Navaro regarding when is will hear an appeal of a non-final CAVC decision [listen here] and Paredes v. McDonald regarding what evidence may prove an event occurred in service [listen here]
December 2015
- Dec. 30, 2015: The CAVC issued a decision in Kuppamala v. McDonald regarding the Board's jurisdiction to award extraschedular ratings. [download .pdf]
- Dec. 11, 2015: The Federal Circuit heard oral argument in Sullivan v. McDonald regarding the scope VA's duty to obtain records. [listen here]
- Dec. 10, 2015: The Federal Circuit heard oral argument in Hudgens v. McDonald regarding whether DC 5055 applies to partial knee replacements. [listen here]
- Dec. 9, 2015: The Federal Circuit heard oral argument in Bozeman v. McDonald and Dickens v. McDonald regarding the extent to which the CAVC may decline to consider an issue that the appellant failed to raise in a prior court proceeding. [listen here and here]
- Dec. 8, 2015: The Federal Circuit heard oral argument in Robinson v. McDonald regarding the legal standard for entitlement to a TDIU rating. [listen here]
- Dec. 7, 2015: The Federal Circuit heard oral argument in National Org of Veterans Advoc v. Secretary of Veterans Affairs regarding the validity of VA's substitution regulations. [listen here]
- Dec. 3, 2015: VA's Office of General Counsel issued a precendential opinion regarding the impact of a veteran’s death on a dispute regarding potential attorney’s fees and the impact of an accrued-benefits claim on potential attorney’s fees. [download .pdf]
- Dec. 2, 2015: The CAVC issued a precedential order in Gomez v. McDonald regarding the effect of filing a CUE motion at the Board before the expiration of the time to appeal to the CAVC [download .pdf]
November 2015
- Nov. 19, 2015: The CAVC issued Misc. Order 15-16, which modifies Rule 30(a) of its Rules of Practice and Procedure regarding citation of non-precedential authority. [download .pdf]
- Nov. 18, 2015: The CAVC issued an opinion in Mitchell v. McDonald regarding the proper application of 38 C.F.R. § 3.156(b). [download .pdf]
- Nov. 17, 2015: The CAVC heard oral argument in Johnson v. McDonald regarding whether topical corticosteroids can constitute a "systemic therapy" under DC 7806. [download .pdf]
- Nov. 12, 2015: The Federal Circuit issued an opinion in Mulder v. McDonald regarding when a reduction of benefits based upon incarceration is triggered. [download .pdf]
- Nov. 6, 2015: The Federal Circuit heard oral argument in Dover v. McDonald regarding whether an appellant is a prevailing party for EAJA when the CAVC concludes that a Board decision should have dismissed a CUE motion without prejudice. [listen here]
- Nov. 5, 2015: The Federal Circuit heard oral argument in Cleaver v. McDonald regarding what constitues an informal claim for benefits. [listen here]
- Nov. 4, 2015: The Federal Circuit heard oral argument in Snyder v. McDonald regarding what fees are owed to an attorney when a claimant changes representation during the course of a claim. [listen here]
- Nov. 2, 2015: The Federal Circuit heard oral argument in Sucic v. McDonald regarding the legal effect of a Board referral of a potential claim to VBA. [listen here]
October 2015
- Oct. 28, 2015: The CAVC issued opinions in Petitti v. McDonald regarding disability ratings for pain on movement of a joint [download .pdf] and Ollis v. McDonald regarding benefits under 38 U.S.C. § 1151 for the results of private medical treatment provided pursant to a referral from a VA physician [download .pdf].
- Oct. 23, 2015: Volume 7 of the Veterans Law Review is now online. [click here]. It includes David E. Boelzner, EAJA Fees for Reasons-and-Bases Remands: The Perspective of a Veterans’ Lawyer, 7 Veterans L. Rev. 1 (2015), Kerry Hubers and Jonathan Hager, Resolving the Ambiguities in 38 C.F.R. § 3.655: An Analysis of the VA Regulation Governing the Failure to Report for an Examination, 7 Veterans L. Rev. 15 (2015), James D. Ridgway, A Benefits System for the Information Age, 7 Veterans L. Rev. 36 (2015), George E. Sheets, The Effects of the Comptroller General’s 1954 Report to Congress Regarding the Compensation and Pension Program of the Veterans Administration, 7 Veterans L. Rev. 57 (2015), Jenny J. Tang, Getting to the Root of the It: Broadening the Scope of Claims after DeLisio v. Shinseki, 7 Veterans L. Rev. 73 (2015), Alice A. Booher, How Long Till Dawn: Memoirs of One of the Charter Members and Original Founders of the Resistance Movement in Algiers and a Member of the OSS During World War II, 7 Veterans L. Rev. 80 (2015).
- Oct. 19, 2015: The CAVC issued an opinion in Gagne v. McDonald regarding VA's duty to seek service records from the Joint Services Records Research Center. [download .pdf]
- Oct. 19, 2015: The Federal Circuit heard oral argument in Service Women's Action Network v. Secretary of Veterans Affairs regarding their petition for rulemaking related to military sexual trauma. [listen here]
- Oct. 14, 2015: The CAVC heard oral argument in Kuppamala v. McDonald at the University of Baltimore School of Law regarding the Board's jurisdiction to review decisions regarding extraschedular ratings. [listen here]
- Oct. 13, 2015: The audio for the Federal Circuit's travel oral argments has now been added below.
- Oct. 8, 2015: The Federal Circuit heard oral argument in Thompson v. McDonald regarding how pain should be considered in assigning a disability rating. [listen here] The court also heard oral argument sitting in Boston, Massachusetts in three cases challening VA's rulemaking requiring the use of standard forms. [listen here].
- Oct. 7, 2015: The Federal Circuit heard oral argument in Stewart v. McDonald regarding determining the scope of a claim. [listen here]
- Oct. 6, 2015: The Federal Circuit sitting in Newton, Massachusetts, heard oral argument in Enos v. McDonald regarding the relevance of factual statements in VA's adjudcation manual . [listen here].
September 2015
- Sept. 22, 2015: The CAVC heard en banc oral argument in Johnson v. McDonald [listen here] and Butts v. McDonald [listen here] regarding the requirements to qualify for an award of attorney fees under EAJA.
- Sept. 15, 2015: VA's Office of Inspector General released a new report --- Follow-up Review of the Veterans Benefits Management System, Report Number 13-00690-455 (Sept. 14, 2015) [download .pdf] and GAO released a new report --- Veterans Benefits Management System: Ongoing Development and Implementation Can Be Improved; Goals Are Needed to Promote Increased User Satisfaction, GAO 15-582 (Sept. 1, 2015) [download .pdf].
- Sept. 10, 2015: The CAVC heard oral argument in Gagne v. McDonald regarding how specifically a veteran must identify the date of a stressor before VA is obligated to seek corroboration from the JSRRC. [listen here]
- Sept. 10, 2015: The Federal Circuit heard oral argument in Romero v. McDonald regarding how to determine when an issue has been adjudicated. [listen here]
- Sept. 9, 2015: The Federal Circuit heard oral argument in Shoemake v. McDonald regarding the presumption of aggravation [listen here] and Palmatier v. McDonald regarding when TDIU is part of a claim [listen here].
August 2015
- Aug. 27, 2015: The CAVC heard oral argument in Ortiz-Valles v. McDonald regarding the definition of marginal employment for purposes of entitlement to a TDIU rating. [listen here]
- Aug. 24, 2015: The Board of Veterans' Appeals annual report for fiscal year 2014 is now available. [download .pdf]
- Aug. 11, 2015: The Federal Circuit issued an opinion in Carter v. McDonald regarding curing a notice error. [download .pdf]
- Aug. 10, 2015: A new article added to the Articles Index Page --- Daniel L. Nagin, The Credibility Trap: Notes on a VA Evidentiary Standard, 45 U. Mem. L. Rev. 887 (2015).
- Aug. 6, 2015: The Federal Circuit heard oral argument in Veres v. McDonald regarding the application of the section 1154 presumption to hearing loss claims. [listen here]
- Aug. 6, 2015: VA published a new proposed rule — Schedule for Rating Disabilities; The Hematologic and Lymphatic Systems, 80 Fed. Reg. 46,888 (Aug. 6, 2015) [download .pdf]
July 2015
- Jul. 28, 2015: The CAVC issued an order proposing to change Rule 30(a) of its Rules of Practice and Procedure concerning citation to nonprecedential decisions. [download .pdf]
- Jul. 28, 2015: VA issued a proposed rule — Schedule for Rating Disabilities; Dental and Oral Conditions, 80 Fed. Reg. 44,913 (Jul. 28, 2015) [download .pdf]
- Jul. 21, 2015: The Federal Circuit issued an opinion in Carter v. McDonald regarding curing a notice error. [download .pdf]
- Jul. 16, 2015: VA published a new final rule — Agency Interpretation of Prosthetic Replacement of a Joint, 80 Fed. Reg. 42,040 (Jul. 16, 2015). [download .pdf]
- Jul. 15, 2015: The CAVC issued an opinion in Dent v. McDonald regarding when an erroneous overpayment by VA creates a debt that must be repayed. [download .pdf]
- Jul. 9, 2015: The Federal Circuit heard oral argument in Cooper v. McDonald regarding VA's duty to notify a claimant to seek potentially relevant evidence. [listen here]
- Jul. 8, 2015: VA published a new proposed rule — Schedule for Rating Disabilities; The Endocrine System, 80 Fed. Reg. 39,011 (Jul. 8, 2015). [download .pdf]
- Jul. 7, 2015: The Federal Circuit heard oral argument in Mulder v. McDonald regarding when a reduction in benefits begins in the situation where a veteran is incarcerated for a crime. [listen here]
- Jul. 2, 2015: The GAO issued a report --- No. GAO-15-464, VA Can Better Ensure Unemployability Decisions are Well Supported [download .pdf]
- Jul. 2, 2015: The Federal Circuit issued an opinion in Herbert v. McDonald regarding VA's ability to develop additional evidence. [download .pdf]
June 2015
- Jun. 25, 2015: The CAVC issued an opinion in Copeland v. McDonald regarding the restrictions on rating by analogy. [download .pdf]
- Jun. 19, 2015: VA issued a new interim final rule --- Presumption of Herbicide Exposure and Presumption of Disability During Service for Reservists Presumed Exposed to Herbicide, 80 Fed. Reg. 35,246 (Jun. 9, 2015). [download .pdf]
- Jun. 18, 2015: The Federal Circuit issued opinions in Scott v. McDonald regarding issue exhaustion [download .pdf] and Delisle v. McDonald regarding rating knee disabilities [download .pdf]
- Jun. 17, 2015: The Federal Circuit issued an opinion in Smith v. McDonald regarding the effect of the settlement in the NOVA litigation. [download .pdf]
- Jun. 15, 2015: A new articles added to the Articles Index Page --- Michael P. Allen, Justice Delayed; Justice Denied? Causes and Proposed Solutions Concerning Delays in the Award of Veterans’ Benefits, 5 U. Miami Nat’l Sec. & Armed Conflict L. Rev. 1 (2015)
- Jun. 11, 2015: A new article added to the Articles Index Page --- Victoria Hadfield Moshiashwili, The Downfall of Auer Deference: Veterans Law at the Federal Circuit in 2014, 64 Am. U. L. Rev. 1007 (2015). [download .pdf]
- Jun. 9, 2015: VA published a new proposed rule — Schedule for Rating Disabilities; The Organs of Special Sense and Schedule of Ratings—Eye, 80 Fed. Reg. 32,513 (Jun. 9, 2015). [download .pdf]
- Jun. 3, 2015: The Federal Circuit heard oral argument in Carter v. McDonald regarding the effect of the Board's failure to notify the proper representative of the opportunity to submit evidence on remand from the CAVC [listen here] and Bryan v. McDonald regarding the requirement for a mandamus petition to show the lack of an adequate alternative remedy [listen here].
- Jun. 2, 2015: The Federal Circuit heard oral argument in Herbert v. McDonald regarding the presumption of regularity in mailing [listen here].
May 2015
- May 29, 2015: The CAVC issued an opinion in Froio v. McDonald regarding whether EAJA fees may be paid for work performed by a law school legal clinic. [download .pdf]
- May 28, 2015: A new articles added to the Articles Index Page --- Alexandra Besso, Veterans as Victims of Military Sexual Assault: Unequal Access to PTSD Disability Benefits and Judicial Remedies, 23 Buff. J. Gender, L. & Soc. Pol’y 73 (2015)
- May 8, 2015: The CAVC issued an opinion in Wingard v. McDonald regarding the scope of its jurisdiction. [download .pdf]
- May 6, 2015: The Federal Circuit heard oral argument in Bell v. McDonald regarding when a new medical examination is required under the duty to assist. [listen here]
- May 5, 2015: The Federal Circuit heard oral argument in Dewberry v. McDonald regarding demonstrating CUE in the application of the presumption of soundness. [listen here]
- May 4, 2015: The Federal Circuit heard oral argument in Jackson v. McDonald regarding whether an attorney representing a veteran is entitled to recover a fee from a surviving spouse when an accrued benefits claim is awarded based upon the attorney's work for the veteran during the veteran's life. [listen here]
- May 1, 2015: New refernce added to the Agent Orange page ---- The Alvin L. Young collection of materials related to Agent Orange [link to USDA website]
April 2015
- Apr. 29, 2015: The Federal Circuit issed an opinion in Haynes v. McDonald regarding the eligibility of former spouses for DIC benefits. [download .pdf]
- Apr. 28, 2015: The CAVC issued a precedential order in Westfall v. McDonald regarding motions to expedite mandate. [download .pdf]
- Apr. 23, 2015: The CAVC issued an opinion in Gray v. McDonald regarding the definition of inland waterways for the purpose of defining the presumption of which Navy ships are presumed to have been exposed to Agent Orange. [download .pdf]
- Apr. 21, 2015: The Federal Circuit issued an opinion in Toomer v. McDonald regarding equitable tolling of the time to file an NOA with the CAVC. [download .pdf]
- Apr. 16, 2015: The National Academies Press released Psychological Testing in the Service of Disability Determination. Download a free .pdf copy from the NAP website.
- Apr. 16, 2015: A new articles added to the Articles Index Page --- Henry J. Loyer, Note, Military Sexual Trauma: Policy Analysis on Veterans’ Benefits Access in the Past, Present, and Future, 24 Fed. Circuit B.J. 493 (2015)
- Apr. 14, 2015: The CAVC issued an opinion in Prokarym v. McDonald regarding interpreting terms of severity in different diagnostic codes. [download .pdf]
- Apr. 8, 2015: The Federal Circuit heard oral argument in Lawson v. McDonald regarding which arguments the CAVC is obligated to resolve on appeal [listen here] and McKinney v. McDonald regarding the effective date for provisions relating to exposure to Agent Orange due to service near the Korean DMZ [listen here].
- Apr. 7, 2015: The Federal Circuit heard oral argument in Delisle v. McDonald regarding the rating criteria for knee disabilities [listen here] and King v. McDonald regarding when the failure to discuss favorable evidence violates due process [listen here].
- Apr. 6, 2015: The Federal Circuit heard oral argument in Dedrick v. McDonald regarding extraschedular rating of hearing loss [listen here] and Scott v. McDonald regarding when an issue must be addressed by the Board and the CAVC [listen here].
March 2015
- Mar. 27, 2015: Two new articles added to the Article Index page --- Daniel L. Nagin, Goals vs. Deadlines: Notes on the VA Disability Claims Backlog, 10 U. Mass. L. Rev. 50 (2015) and Eli Krafte-Jacobs, Note, Guamanian Veterans: Underserved After Years of Service, 42 N. Ky. L. Rev. 101 (2015)
- Mar. 20, 2015: The CAVC issued an opinion in Reliford v. McDonald regarding VA's policy of treating a claim for accrued benefits as a motion for substitution. [download .pdf]
- Mar. 18, 2015: The CAVC issued an opinion in Palomer v. McDonald regarding equitable tolling of the time to file a Notice of Appeal. [download .pdf]
- Mar. 10, 2015: The Federal Circuit issued an opinion in Wingard v. McDonald regarding the CAVC's authority to review challenges to the disability rating schedule. [download .pdf]
- Mar. 10, 2015: The CAVC issued an en banc order in Rickett v. McDonald withdrawing its prior en banc order regarding equitable tolling. [download .pdf]
- Mar. 3, 2015: The Federal Circuit heard oral argument in Salberg v. McDonald regarding the causation standard for finding that a veteran's death was related to service. [listen here]
February 2015
- Feb. 25, 2015: The CAVC heard oral argument in Grey v. McDonald regarding whether Da Nang harbor is an inland waterway. [listen here]
- Feb. 20, 2015: The Federal Circuit issued an opinion in Dixon v. McDonald regarding garnishment of benefits for child and spousal support. [download .pdf]
- Feb. 13, 2015: The CAVC issued an en banc opinion in Pederson v. McDonald regarding the court's jurisdiction over claims abandoned on appeal and regarding how the Board should analyze entitlement to TDIU. [download .pdf]
- Feb. 10, 2015: A new book on veterans benefits has been released — Glimpses of the New Veteran Changed Constituencies, Different Disabilities, and Evolving Resolutions (Alice A. Booher ed. 2015) [available here]. A sample chapter is available for free — James D. Ridgway, A Benefits System for the Information Age [download .pdf].
- Feb. 9, 2015: The CAVC heard oral argument in Westfall v. McDonald regarding the time limit for filing a petition for fees under EAJA when the parties agree to have mandate entered early in a decision. [listen here]
- Feb. 9, 2015: The CAVC issued an opinion in Fountain v. McDonald regarding whether tinnitus qualifies as a chronic condition under 38 C.F.R. § 3.309(a). [download .pdf]
- Feb. 6, 2015: The Fed. Cir. heard oral argument in Allen v. McDonald regarding a challenge to the validity of a death certificate relied upon in denying service connection. [listen here]
- Feb. 4, 2015: New article added to the Article Index page — Margaret A. Costello, Contaminated Water at Camp LeJeune: Is Relief in Sight for Those Affected?, 9 Charleston L. Rev. 1 (2014).
- Feb. 3, 2015: The Federal Circuit heard oral argument in Wingard v. McDonald regarding whether noncompensable disability ratings are lawful. [listen here]
January 2015
- Jan. 23, 2015: The CAVC issued an opinion in Wages v. McDonald regarding the Board’s ability to review decisions by the Director of Compensation Services to deny TDIU under 38 C.F.R. § 4.16(b). [download .pdf]
- Jan. 22, 2015: The House Veterans Affairs Committee held a hearing — Veterans’ Dilemma: Navigating the Appeals System for Veterans Claims. [House page for the hearing]
- Jan. 21, 2015: The Federal Circuit issued an opinion in Moffitt v. McDonald regarding the retroactivity of changes to the eligibility criteria for enhanced DIC benefits under 38 U.S.C. § 1311. [download .pdf]
- Jan. 16, 2015: New articles added to the Articles Index Page --- Vicki Franks, The U.S. Court of Appeals for Veterans Claims Rule 30(a): Amending the Rule to Allow Citation to Nonprecedential CAVC Opinions for Precedential and Persuasive Authority, 24 Fed. Cir. B.J. 157 (2014). Evelina M. Rene, Note, Gatekeeper or Examiner: Exploring the Role of the Cavc in Veterans’ Disability Cases and Ways to Reduce the Number of Remands, 24 Fed. Cir. B.J. 201 (2014).
- Jan. 15, 2015: The Independent Budget for FY2016 has been released. [download .pdf]
- Jan. 12, 2015: The CAVC issued an order withdrawing its November 14, 2014, en banc opinion in Leavey v. McDonald. [download .pdf]
- Jan. 8, 2015: The CAVC issued an opinion in Swain v. McDonald regarding whether an effective date for hearing loss may be assigned prior to the date of the testing verifying the severity of the loss. [download .pdf]
- Jan. 8, 2015: The Federal Circuit heard oral argument in Gill v. McDonald regarding what measurements must be taken when determining whether an increased rating for hypertension should be awarded. [listen here]
- Jan. 6, 2015: The Federal Circuit heard oral argument in Lamb v. McDonald regarding when failure to receive notice of an examination constitutes good cause for missing the appointment [listen here], and Fullmer v. McDonald regarding how to determine when a case should be referred for consideration of TDIU under 38 C.F.R. § 4.16(b) [listen here].
