Veterans Law Library
A Comprehensive Collection of
Materials Relating to the Veterans
Benefits Adjudication Process
Welcome!
Please report any problems or feedback to administrator@veteranslawlibrary.com.  
“The willingness
with which our
young people are
likely to serve in
any war, no matter
how justified, shall
be directly
proportional as to
how they perceive
veterans of earlier
wars were treated
and appreciated by
this country.”

George Washington
Latest Developments and Additions
June 2014
Jun. 30, 2014:  New article added to the Article Index page --- David E.
Boelzner,
In Sight, It Must Be Right:  Judicial Review of VA Decisions for
Reasons and Bases vs. Clear Error
, 17 Rich. J.L. & Pub. Int. 681 (2014)

Jun. 27, 2014:  The National Academies Press released a new report ---
Treatment for Posttraumatic Stress Disorder in Military and Veteran Populations
(2014).  Download a free .pdf copy from the NAP website

Jun. 25, 2014:  The CAVC heard oral argument in Foster v. Shinseki regarding
when TDIU and extraschedular ratings are inextricably intertwined.  [
listen here]

Jun. 25, 2014:  The CAVC issued an opinion in
Golden v. Shinseki regarding
EAJA fees for travel.  [
download .pdf]

Jun. 23, 2014:  The Federal Circuit heard oral argument in
Martin v. Gibson
regarding whether failure to complete an in-service alcohol-treatment program is
willful misconduct.  [
listen here]

Jun. 20, 2014:  VA OGC issued a new precedent opinion --- Reliance
on State Law to Determine Validity of Same-Sex Marriage. [
link to OGC
Precedent Opinion page]

Jun. 20, 2014:  New article added to the
Article Index page --- Patricia E.
Roberts,
From the “War On Poverty” to Pro Bono: Access to Justice Remains
Elusive for Too Many, Including Our Veterans
, 34 B.C. J.L. & Soc. Just. 341
(2014).

Jun. 13, 2014:  New articles added to the
Article Index page --- Michael P. Allen,
Veterans' Benefits Law 2010-2013:  Summary, Synthesis, and Suggestions, 6
Veterans L. Rev. 1 (2014) [download .pdf], Rachel T. Brant, Learning From an
Ally:  Can American Veterans Benefit From Lump Sum Payments and a Claim
Submission Deadline?
, 6 Veterans L. Rev. 80 (2014) [download .pdf], Sarah K.
Mayes,
Unraveling the PTSD Paradox:  A Proposal to Simplify the Adjudication
of Claims for Service Connection for Posttraumatic Stress Disorder
, 6 Veterans
L. Rev.
125 (2014) [download .pdf]

Jun. 10, 2014:  The Federal Circuit issued an opinion in
Wilson v. Gibson
regarding reduction of benefits due to incarceration.  [
download .pdf]

Jun. 9, 2014:  New report added to
the GAO reports page --- GAO-14-477,
Military Sexual Trauma, Improvements Made, but VA Can Do More to Track
and Improve the Consistency of Disability Claim Decisions (Jun. 9, 2014)
[
download .pdf]

Jun. 9, 2014:  New report added to the
VAOIG reports page --- Veterans
Benefits Administration:  Follow-up Audit of 100 Percent Disability
Evaluations
, Report Number 14-01686-185, June 6, 2014 [download .pdf]

Jun. 3, 2014:  The Federal Circuit heard oral argument in
Young v. Gibson
regarding when an earlier effective date may be assigned based upon newly
discovered service department records [
listen here], Blubaugh v. Gibson
regarding whether an earlier effective date may be assigned based upon newly
discovered service department records if there is an intervening denial
considering those records [
listen here], and Turck v. Gibson regarding substantial
compliance with a remand order of the CAVC [
listen here].

Jun. 2, 2014:  The Federal Circuit heard oral arguments in
Irwin v. Gibson
regarding the CAVC's authority to consider other proceedings pending before VA
regarding the same benefit [
listen here] and Rusick v. Gibson regarding the effect
of granting substitution in a claim [
listen here].

























































July 2014
Jul. 23, 2014:  The Federal Circuit issued an opinion in Rusick v. Gibson
regarding whether a determination of clear and unmistakable error for DIC
purposes under 38 U.S.C. § 5121(a) creates entitlement to accrued benefits.  
[
download .pdf]

J
ul. 22, 2014:  The CAVC issued an opinion in Cacciola v. Gibson regarding the
effect of abandoning a claim on appeal to the CAVC.  [
download .pdf]

Jul. 21, 2014:  The Federal Circuit issued an opinion in
Robertson v. Gibson
regarding the effect of discharges upgraded pursuant to Gerald Ford's
Presidential Clemency Board.  [
download .pdf]

Jul. 18, 2014:  The CAVC issued an en banc opinion in
Pacheco v. Gibson
regarding the assignment of effective dates under 38 C.F.R. § 3.157(b).  
[
download .pdf]

Jul. 14, 2014:  The House Veterans Affairs Committee held a hearing ---
Evaluation of the Process to Achieve VBA Goals [House page for the hearing]

Jul. 14, 2014:  VA's Office of Inspector General released a new report ---
Veterans Benefits Administration:  Review of the Special Initiative To Process
Rating Claims Pending Over 2 Years
, Report Number 13-03699-209 (July 14,
2014) [
download .pdf]

Jul. 11, 2014:  The Federal Circuit heard oral argument in
Holland v. Gibson
regarding the evidence required to prove a stressor in a PTSD claim based upon
MST [
listen here] and Beraud v. Gibson  regarding when the submission of new
evidence prevents a rating decision from becoming final [
listen here].

Jul. 10, 2014:  The Federal Circuit heard oral argument in
Williams v. Gibson
regarding the criteria for an informal claim.  [
listen here].

Jul. 9, 2014:  The Federal Circuit heard oral argument in
Joyner v. Gibson
regarding whether pain alone can be considered a disability in a Gulf War illness
claim [
listen here] and Murphy v. Gibson regarding what constitutes adequate
notice that a claim has been denied [
listen here].

Jul. 8, 2014:  The CAVC issued an opinion in
Mulder v. Gibson regarding the
proper effective date for reduction of benefits based upon incarceration for a
felony.  [
download .pdf]

Jul. 8, 2014:  The Federal Circuit heard oral argument in
Carroll v. Gibson
regarding the time period for certain remarried surviving spouses to apply for
benefits.  [
listen here]

Jul. 2, 2014:  New article added to the
Article Index page --- Victoria Hadfield
Moshiashwili,
Ending the Second 'Splendid Isolation'?:  Veterans Law at the
Federal Circuit in 2013
, 63 Am. U. L. Rev. 1437 (2014) [download .pdf]

Jul. 1, 2014:  The CAVC issued an opinion in
Hudgens v. Shinseki regarding the
proper disability rating for a partial knee replacement.  [
download .pdf]