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
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]

Jul. 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]


















































August 2014
Aug. 29, 2014:  The CAVC issued a precedential order in Checo v. McDonald
regarding equitable tolling.  [
download .pdf]

Aug. 26, 2014:  The CAVC issued an opinion in
Tagupa v. McDonald regarding
the duty to assist claimants in verifying service.  [
download .pdf]

Aug. 13, 2014:  The CAVC heard en banc oral argument in
Evans v. McDonald
regarding an allegation of clear and unmistakable error based upon the failure to
refer a claim for extraschedular TDIU consideration.  [
listen here]

Aug. 6, 2014:  The Federal Circuit issued an opinion in
Johnson v. McDonald
regarding extraschedular ratings.  [
download .pdf]

Aug. 5, 2014:  The Federal Circuit issued an opinion in
Martin v. McDonald
regarding whether failure to complete alcohol-abuse treatment is willful
misconduct.  [
download .pdf]

Aug. 5, 2014:  The CAVC issued an opinion in
Boyd v. McDonald regarding
inextricably intertwined claims.  [
download .pdf]

Aug. 4, 2014:  VA published an interim final rule --- Schedule for Rating
Disabilities—Mental Disorders and Definition of Psychosis for Certain VA
Purposes, 79 Fed. Reg. 45093 (Aug. 4, 2014).  [
download .pdf]





















September 2014
Sept. 18, 2014:  The CAVC heard oral argument in Nohr v. McDonald regarding
whether claimants have a due process right to have interrogatories answered by
VA medical examiners.  Audio will be posted when available.

Sept. 15, 2014:  The Sept. 8 argument in Martin that was omitted has been
added below in its proper place.

Sept. 12, 2014:  The Federal Circuit issued opinions in
Joyner v. McDonald
regarding compensation for Gulf War illnesses under 38 U.S.C. § 1117
[
download .pdf] and in Beraud v. McDonald regarding the effect of new and
material evidence on the finality of a decision under 38 C.F.R. § 3.156(b)
[
download .pdf].

Sept. 12, 2014:  New article added to the
Article Index page --- Matthew Ivey,
The Broken Promises of an All-Volunteer Military, 86 Temp. L. Rev. 525 (2014)
[
download .pdf]

Sept. 11, 2014:  New article added to the
Article Index page --- Alma Nunley,
Note, S
ervice Dogs for (Some) Veterans:  Inequality in the Treatment of
Disabilities by the Department of Veterans Affairs
, 17 Quinnipiac Health L.J.
261 (2014)

Sept. 8, 2014:  The Federal Circuit heard oral argument in
Martin v. McDonald
regarding reducing a rating after a disease has been cured.  [
download .pdf]

Sept. 8, 2014:  The Federal Circuit issued an opinion in
Young v. McDonald
regarding the proper effective date in a PTSD claim.  [
download .pdf]

Sept. 5, 2014:  VA published a new final rule --- Substitution in Case of Death of
Claimant, 79 Fed. Reg. 52,977 [
download .pdf]

Sept. 3, 2014:  The CAVC issued an opinion in
Todd v. McDonald regarding
entitlement to a total disability evaluation based on individual unemployability.  
[
download .pdf]

























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