| Veterans Law Library |
A Comprehensive Collection of
Materials Relating to the Veterans
Benefits Adjudication Process
Materials Relating to the Veterans
Benefits Adjudication Process
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“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
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
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Latest Developments and Additions
January 2013
Jan. 31, 2013: The Federal Circuit issued an opinion in Viegas v. Shinseki
regarding when an injury may be considered caused by hospital care or medical
treatment for purposes of 38 U.S.C. § 1151. [download .pdf]
Jan. 31, 2013: The CAVC issued an opinion in Andrews v. Shinseki regarding
whether the time period to use vocational rehabilitation benefits runs while a
veteran is appealing a denial of such a claim. [download .pdf]
Jan. 30, 2013: The Federal Circuit issued an opinion in Deloach v. Shinseki
regarding when the CAVC should reverse rather than remand. [download .pdf]
Jan. 30, 2013: The CAVC heard oral argument in Trafter v. Shinseki regarding
when the duty to assist is triggered by lay assertions of depression caused by a
failure to diagnose a recurrence of cancer. [listen here].
Jan. 29, 2013: The CAVC heard oral argument in Kelley v. Shinseki regarding
when VA must communicate with a claimant only through his attorney. [listen
here].
Jan. 24, 2013: The CAVC issued an opinion on Clennan v. Shinseki regarding
the procedures involved in discontinuing supervised direct pay status for an
incompetent veteran and appoint a fiduciary. [download .pdf]
Jan. 18, 2013: New report added to the GAO Reports page --- GAO-13-89
Timely Processing Remains a Daunting Challenge (Dec. 21, 2012) [download .
pdf]
Jan. 15, 2013: The CAVC heard oral argument in Shephard v. Shinseki regarding
payment of benefits to incarcerated veterans. [listen here]
Jan. 15, 2013: The CAVC issued an opinion in El-Amin v. Shinseki regarding the
requirements of an adequate medical opinion [download .pdf]
Jan. 11, 2013: The Federal Circuit heard oral argument in Colantonio v. Shinseki
regarding the substantial justification element of an EAJA application [listen here]
and Slayton v. Shinseki regarding earlier effect dates based upon service
department records that were not originally obtained [listen here].
Jan. 10, 2013: The Federal Circuit heard oral argument in Shreve v. Shinseki
regarding whether the BVA must decide substitution issues in the first instance
[listen here], Kelley v. Shinseki regarding the 1944 standard for severing service
connection [listen here], and Mason v. Shinseki regarding what constitutes the
same claim for purposes of an attorney's ability to charge a fee for representation
[listen here].
Jan. 10, 2013: New article added to the Article Index page --- Michael D. Sant’
Ambrogio & Adam S. Zimmerman, The Agency Class Action, 112 Columbia L.
Rev. 1992 (2012) [available here]
Jan. 9, 2013: The Federal Circuit heard oral argument in Porriello v. Shinseki
regarding the presumptions of sound condition and aggravation [listen here] and
in Beasley v. Shinseki regarding whether a veteran has a right to a medical
opinion from his treating physician at VA [listen here].
Jan. 4, 2013: The Federal Circuit issued an opinion in Harris v. Shinseki
regarding which documents may qualify as informal claims for benefits.
[download .pdf]
Jan. 4, 2013: The CAVC issued an opinion in Solze v. Shinseki regarding when it
may order extraordinary relief while an appeal of a fiduciary decision in pending
within VA. [download .pdf]
Jan. 4, 2013: The CAVC issued an opinion in Checo v. Shinseki regarding when
homeless may be an extraordinary circumstance to warrant equitable tolling of
the time in which to file a Notice of Appeal. [download .pdf]
regarding when an injury may be considered caused by hospital care or medical
treatment for purposes of 38 U.S.C. § 1151. [download .pdf]
Jan. 31, 2013: The CAVC issued an opinion in Andrews v. Shinseki regarding
whether the time period to use vocational rehabilitation benefits runs while a
veteran is appealing a denial of such a claim. [download .pdf]
Jan. 30, 2013: The Federal Circuit issued an opinion in Deloach v. Shinseki
regarding when the CAVC should reverse rather than remand. [download .pdf]
Jan. 30, 2013: The CAVC heard oral argument in Trafter v. Shinseki regarding
when the duty to assist is triggered by lay assertions of depression caused by a
failure to diagnose a recurrence of cancer. [listen here].
Jan. 29, 2013: The CAVC heard oral argument in Kelley v. Shinseki regarding
when VA must communicate with a claimant only through his attorney. [listen
here].
Jan. 24, 2013: The CAVC issued an opinion on Clennan v. Shinseki regarding
the procedures involved in discontinuing supervised direct pay status for an
incompetent veteran and appoint a fiduciary. [download .pdf]
Jan. 18, 2013: New report added to the GAO Reports page --- GAO-13-89
Timely Processing Remains a Daunting Challenge (Dec. 21, 2012) [download .
pdf]
Jan. 15, 2013: The CAVC heard oral argument in Shephard v. Shinseki regarding
payment of benefits to incarcerated veterans. [listen here]
Jan. 15, 2013: The CAVC issued an opinion in El-Amin v. Shinseki regarding the
requirements of an adequate medical opinion [download .pdf]
Jan. 11, 2013: The Federal Circuit heard oral argument in Colantonio v. Shinseki
regarding the substantial justification element of an EAJA application [listen here]
and Slayton v. Shinseki regarding earlier effect dates based upon service
department records that were not originally obtained [listen here].
Jan. 10, 2013: The Federal Circuit heard oral argument in Shreve v. Shinseki
regarding whether the BVA must decide substitution issues in the first instance
[listen here], Kelley v. Shinseki regarding the 1944 standard for severing service
connection [listen here], and Mason v. Shinseki regarding what constitutes the
same claim for purposes of an attorney's ability to charge a fee for representation
[listen here].
Jan. 10, 2013: New article added to the Article Index page --- Michael D. Sant’
Ambrogio & Adam S. Zimmerman, The Agency Class Action, 112 Columbia L.
Rev. 1992 (2012) [available here]
Jan. 9, 2013: The Federal Circuit heard oral argument in Porriello v. Shinseki
regarding the presumptions of sound condition and aggravation [listen here] and
in Beasley v. Shinseki regarding whether a veteran has a right to a medical
opinion from his treating physician at VA [listen here].
Jan. 4, 2013: The Federal Circuit issued an opinion in Harris v. Shinseki
regarding which documents may qualify as informal claims for benefits.
[download .pdf]
Jan. 4, 2013: The CAVC issued an opinion in Solze v. Shinseki regarding when it
may order extraordinary relief while an appeal of a fiduciary decision in pending
within VA. [download .pdf]
Jan. 4, 2013: The CAVC issued an opinion in Checo v. Shinseki regarding when
homeless may be an extraordinary circumstance to warrant equitable tolling of
the time in which to file a Notice of Appeal. [download .pdf]
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February 2013
Feb. 28, 2013: VA has released its Strategic Plan to Eliminate the Compensation
Claims Backlog. [download .pdf]
Feb. 27, 2013: The CAVC issued an opinion in Shephard v. Shinseki regarding
benefits withheld because the veteran was incarcerated. [download .pdf]
Feb. 21, 2013: The Federal Circuit issued an opinion in Walker v. Shinseki
regarding the definition of "chronic" and the limits of the applicability of the
theory of continuity of symptomatology. [download .pdf]
Feb. 19, 2013: The CAVC issued an opinion in Bowers v. Shinseki regarding the
presumption of service connection for ALS under 38 C.F.R. § 3.318 (2012).
[download .pdf]
Feb. 19, 2013: Registration for the CAVC's Twelfth Judicial Conference is now
open. [click here for more details]
Feb. 8, 2013: The Independent Budget for FY2014 has been released [download .
pdf]
Feb. 8, 2013: A new article was added to the Article Index Page --- Daniel J.
Riegel, Note, Closing the 90/10 Loophole in the Higher Education Act: How to
Stop Exploitation of Veterans, Protect American Taxpayers, and Restore Market
Incentives to the For-Profit College Industry, 81 Geo. Wash. L. Rev. 259 (2013).
Feb. 5, 2013: VA's Office of Inspector General released a new report --- Review
of VBA’s Transition to a Paperless Claims Processing Environment, Report
Number 11-04376-81, Feb. 4, 2013 [download .pdf]
Feb. 5, 2013: The Federal Circuit heard oral argument in Pirkl v. Shinseki
regarding the effect of a finding of clear and unmistakable error in a rating
reduction decision on decisions subsequent to the erroneous reduction [listen
here], Parks v. Shinseki regarding a veteran's challenge to the competency of a
nurse practitioner on appeal to the CAVC [listen here], and Vazquez-Claudio v.
Shinseki regarding the criteria for rating a mental disability [listen here].
Feb. 4, 2013: The Federal Circuit heard oral argument in Bechtel v. Shinseki
regarding the provisions that allow an effective date of up to one year prior to the
filing of a claim for an increased disability rating. [listen here]
Claims Backlog. [download .pdf]
Feb. 27, 2013: The CAVC issued an opinion in Shephard v. Shinseki regarding
benefits withheld because the veteran was incarcerated. [download .pdf]
Feb. 21, 2013: The Federal Circuit issued an opinion in Walker v. Shinseki
regarding the definition of "chronic" and the limits of the applicability of the
theory of continuity of symptomatology. [download .pdf]
Feb. 19, 2013: The CAVC issued an opinion in Bowers v. Shinseki regarding the
presumption of service connection for ALS under 38 C.F.R. § 3.318 (2012).
[download .pdf]
Feb. 19, 2013: Registration for the CAVC's Twelfth Judicial Conference is now
open. [click here for more details]
Feb. 8, 2013: The Independent Budget for FY2014 has been released [download .
pdf]
Feb. 8, 2013: A new article was added to the Article Index Page --- Daniel J.
Riegel, Note, Closing the 90/10 Loophole in the Higher Education Act: How to
Stop Exploitation of Veterans, Protect American Taxpayers, and Restore Market
Incentives to the For-Profit College Industry, 81 Geo. Wash. L. Rev. 259 (2013).
Feb. 5, 2013: VA's Office of Inspector General released a new report --- Review
of VBA’s Transition to a Paperless Claims Processing Environment, Report
Number 11-04376-81, Feb. 4, 2013 [download .pdf]
Feb. 5, 2013: The Federal Circuit heard oral argument in Pirkl v. Shinseki
regarding the effect of a finding of clear and unmistakable error in a rating
reduction decision on decisions subsequent to the erroneous reduction [listen
here], Parks v. Shinseki regarding a veteran's challenge to the competency of a
nurse practitioner on appeal to the CAVC [listen here], and Vazquez-Claudio v.
Shinseki regarding the criteria for rating a mental disability [listen here].
Feb. 4, 2013: The Federal Circuit heard oral argument in Bechtel v. Shinseki
regarding the provisions that allow an effective date of up to one year prior to the
filing of a claim for an increased disability rating. [listen here]
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March 2013
Mar. 29, 2013: The CAVC has released its annual report for FY2012.
[download .pdf]
Mar. 29, 2013: Raymond T. Chen and Todd M. Hughes have been nominated to
vacancies on the Federal Circuit. [link to White House press release]
Mar. 27, 2013: The CAVC issued an en banc opinion in Johnson v. Shinseki
regarding extraschedular ratings based upon multiple disabilities. [download .pdf]
Mar. 21, 2013: The Federal Circuit issued a precedential order in National Org.
of Veterans Advoc. v. Shinseki regarding the Court's power to sanction
government conduct. [download .pdf]
Mar. 19, 2013: The Board of Veterans' Appeals has released its annual report for
FY2012. [download .pdf]
Mar. 19, 2013: Richard G. Taranto has been confirmed and begun active service
as the newest member of the Federal Circuit. [link to official court bio]
Mar. 15, 2013: The CAVC issued an opinion in Robertson v. Shinseki regarding
the effect of a pardon on an unfavorable discharge. [download .pdf]
Mar. 15, 2013: New report added to the GAO Reports page --- GAO-13-453T,
Veteran's Disability Benefits: Challenges to Timely Processing Persist (Mar 13,
2013) [download .pdf]
Mar. 13, 2013: The Senate Veterans Affairs Committee held a hearing --- VA
Claims Process: Review of VA's Transformation Efforts. [watch here]
Mar. 12, 2013: The CAVC issued an en banc order in Rickett v. Shinseki
regarding equitable tolling. [download .pdf]
Mar. 11, 2013: The Federal Circuit issued an opinion in Beasley v. Shinseki
regarding the use of an extraordinary writ to remedy an alleged duty to assist
violation. [download .pdf]
Mar. 8, 2013: The Federal Circuit heard oral argument in AZ v. Shinseki and AY
v. Shinseki regarding when the absence of records can be considered negative
evidence [listen here] and [here], and in Fears v. Shinseki regarding when
service connection may be granted for arthritis based upon continuity of
symptomotology [listen here].
Mar. 6, 2013: The Federal Circuit heard oral argument in Benjamin v. Shinseki
regarding the scope of 38 C.F.R. § 3.156(c) and the determination of an
effective date for a reopened claim. [listen here]
Mar. 5, 2013: The Federal Circuit heard oral argument in Burden v. Shinseki,
regarding whether the benefit of the doubt applies to determinations of whether a
common law marriage existed under state law [listen here], Coleman v. Shinseki
regarding the same issue [listen here], Morrison v. Shinseki regarding the law for
reducing a rating due to missing a scheduled examination as it existed in 1984
[listen here], and Hall v. Shinseki regarding how 38 C.F.R. § 3.304(f)(3) applies
to an in-service sexual assault [listen here].
Mar. 4, 2013: The Federal Circuit heard oral argument in Groner v. Shinseki
regarding the compensation for conditions potentially related to inactive duty for
training [listen here], and Farrow v. Shinseki regarding whether a TDIU rating is
presumptive under 38 C.F.R. § 4.16(a) (2012) [listen here]
[download .pdf]
Mar. 29, 2013: Raymond T. Chen and Todd M. Hughes have been nominated to
vacancies on the Federal Circuit. [link to White House press release]
Mar. 27, 2013: The CAVC issued an en banc opinion in Johnson v. Shinseki
regarding extraschedular ratings based upon multiple disabilities. [download .pdf]
Mar. 21, 2013: The Federal Circuit issued a precedential order in National Org.
of Veterans Advoc. v. Shinseki regarding the Court's power to sanction
government conduct. [download .pdf]
Mar. 19, 2013: The Board of Veterans' Appeals has released its annual report for
FY2012. [download .pdf]
Mar. 19, 2013: Richard G. Taranto has been confirmed and begun active service
as the newest member of the Federal Circuit. [link to official court bio]
Mar. 15, 2013: The CAVC issued an opinion in Robertson v. Shinseki regarding
the effect of a pardon on an unfavorable discharge. [download .pdf]
Mar. 15, 2013: New report added to the GAO Reports page --- GAO-13-453T,
Veteran's Disability Benefits: Challenges to Timely Processing Persist (Mar 13,
2013) [download .pdf]
Mar. 13, 2013: The Senate Veterans Affairs Committee held a hearing --- VA
Claims Process: Review of VA's Transformation Efforts. [watch here]
Mar. 12, 2013: The CAVC issued an en banc order in Rickett v. Shinseki
regarding equitable tolling. [download .pdf]
Mar. 11, 2013: The Federal Circuit issued an opinion in Beasley v. Shinseki
regarding the use of an extraordinary writ to remedy an alleged duty to assist
violation. [download .pdf]
Mar. 8, 2013: The Federal Circuit heard oral argument in AZ v. Shinseki and AY
v. Shinseki regarding when the absence of records can be considered negative
evidence [listen here] and [here], and in Fears v. Shinseki regarding when
service connection may be granted for arthritis based upon continuity of
symptomotology [listen here].
Mar. 6, 2013: The Federal Circuit heard oral argument in Benjamin v. Shinseki
regarding the scope of 38 C.F.R. § 3.156(c) and the determination of an
effective date for a reopened claim. [listen here]
Mar. 5, 2013: The Federal Circuit heard oral argument in Burden v. Shinseki,
regarding whether the benefit of the doubt applies to determinations of whether a
common law marriage existed under state law [listen here], Coleman v. Shinseki
regarding the same issue [listen here], Morrison v. Shinseki regarding the law for
reducing a rating due to missing a scheduled examination as it existed in 1984
[listen here], and Hall v. Shinseki regarding how 38 C.F.R. § 3.304(f)(3) applies
to an in-service sexual assault [listen here].
Mar. 4, 2013: The Federal Circuit heard oral argument in Groner v. Shinseki
regarding the compensation for conditions potentially related to inactive duty for
training [listen here], and Farrow v. Shinseki regarding whether a TDIU rating is
presumptive under 38 C.F.R. § 4.16(a) (2012) [listen here]
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April 2013
Apr. 29, 2013: The CAVC issued an opinion in Trafter v. Shinseki regarding the
standard for standard for triggering the duty to assist in a claim under 38 U.S.C.
§ 1151. [download .pdf]
Apr. 19, 2013: VA announced an initiative to issue "provisional decisions" in
older cases. Details on the new procedures can be found in VA's press release.
Apr. 16, 2013: The CAVC heard oral argument in Solze v. Shinseki on motion
for reconsideration regarding the appropriate action for the Court to take when
counsel fails to promptly inform the Court of new, relevant facts. [listen here].
Apr. 14, 2013: Five new articles added to the Article Index Page ---
James D. Ridgway, Recovering an Institutional Memory: The Origins of the
Modern Veterans’ Benefits System from 1914 to 1958, 5 Veterans L. Rev. 1
(2013) [available here]
Eric C. Yarnell, Medals of Dishonor?: Military, Free Speech and the Stolen Valor
Act, 5 Veterans L. Rev. 56 (2013) [available here]
Michael P. Allen, Commentary on Three Cases from the Federal Circuit and the
Court of Appeals for Veterans Claims as We Approach Twenty-Five Years of
Judicial Review of Veterans’ Benefits, 5 Veterans L. Rev. 136 (2013)[available
here]
Corey L. Bosely and Bradley W. Hennings, A Proposed Approach to the BVA’s
Clarified Hearing Duties to Explain and Suggest Pursuant to Bryant v. Shinseki, 5
Veterans L. Rev. 164 (2013) [available here]
Bridgid Cleary and Michael Tooshi, Camp Lejeune Revisited: Strategies for
Implementing aProgram of Benefits for Veterans’ Dependents, 5 Veterans L Rev.
201 (2013) [available here]
Apr. 8, 2013: The Federal Circuit issued an opinion in Vazquez-Claudio v.
Shinseki regarding the rating of PTSD. [download .pdf]
Apr. 5, 2013: The Federal Circuit heard oral argument in Wildman v. Shinseki
regarding whether EAJA fees can be collected for work prior to an appeal to the
CAVC [listen here] and Toomer v. Shinseki regarding the application of the
presumption of regularity to VA mailings [listen here]
Apr. 4, 2013: The Federal Circuit heard oral argument in Colon-Rivera v.
Shinseki regarding when a veteran can waive further development of a claim
[listen here] and Farmer v. Shinseki regarding how 38 C.F.R. § 3.304(f)(3)
applies to an in-service personal assault [listen here].
Apr. 3, 2013: The National Academies Press released Returning Home from Iraq
and Afghanistan: Assessment of Readjustment Needs of Veterans, Service
Members, and Their Families. Download a free .pdf copy from the NAP website.
Apr. 1, 2013: The Federal Circuit heard oral argument in Peterson v. Shinseki
regarding a CUE motion asserting new evidence filed during an appeal period
[listen here] and in Kernea v. Shinseki regarding the retroactivity of regularity
changes eliminating DIC based upon hypothetical entitlement to TDIU [listen
here].
standard for standard for triggering the duty to assist in a claim under 38 U.S.C.
§ 1151. [download .pdf]
Apr. 19, 2013: VA announced an initiative to issue "provisional decisions" in
older cases. Details on the new procedures can be found in VA's press release.
Apr. 16, 2013: The CAVC heard oral argument in Solze v. Shinseki on motion
for reconsideration regarding the appropriate action for the Court to take when
counsel fails to promptly inform the Court of new, relevant facts. [listen here].
Apr. 14, 2013: Five new articles added to the Article Index Page ---
James D. Ridgway, Recovering an Institutional Memory: The Origins of the
Modern Veterans’ Benefits System from 1914 to 1958, 5 Veterans L. Rev. 1
(2013) [available here]
Eric C. Yarnell, Medals of Dishonor?: Military, Free Speech and the Stolen Valor
Act, 5 Veterans L. Rev. 56 (2013) [available here]
Michael P. Allen, Commentary on Three Cases from the Federal Circuit and the
Court of Appeals for Veterans Claims as We Approach Twenty-Five Years of
Judicial Review of Veterans’ Benefits, 5 Veterans L. Rev. 136 (2013)[available
here]
Corey L. Bosely and Bradley W. Hennings, A Proposed Approach to the BVA’s
Clarified Hearing Duties to Explain and Suggest Pursuant to Bryant v. Shinseki, 5
Veterans L. Rev. 164 (2013) [available here]
Bridgid Cleary and Michael Tooshi, Camp Lejeune Revisited: Strategies for
Implementing aProgram of Benefits for Veterans’ Dependents, 5 Veterans L Rev.
201 (2013) [available here]
Apr. 8, 2013: The Federal Circuit issued an opinion in Vazquez-Claudio v.
Shinseki regarding the rating of PTSD. [download .pdf]
Apr. 5, 2013: The Federal Circuit heard oral argument in Wildman v. Shinseki
regarding whether EAJA fees can be collected for work prior to an appeal to the
CAVC [listen here] and Toomer v. Shinseki regarding the application of the
presumption of regularity to VA mailings [listen here]
Apr. 4, 2013: The Federal Circuit heard oral argument in Colon-Rivera v.
Shinseki regarding when a veteran can waive further development of a claim
[listen here] and Farmer v. Shinseki regarding how 38 C.F.R. § 3.304(f)(3)
applies to an in-service personal assault [listen here].
Apr. 3, 2013: The National Academies Press released Returning Home from Iraq
and Afghanistan: Assessment of Readjustment Needs of Veterans, Service
Members, and Their Families. Download a free .pdf copy from the NAP website.
Apr. 1, 2013: The Federal Circuit heard oral argument in Peterson v. Shinseki
regarding a CUE motion asserting new evidence filed during an appeal period
[listen here] and in Kernea v. Shinseki regarding the retroactivity of regularity
changes eliminating DIC based upon hypothetical entitlement to TDIU [listen
here].
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May 2013
May 17, 2013: The CAVC issued a new opinion in Beraud v. Shinseki to replace
the one that was issued on May 9 and revoked on May 13. [download .pdf]
May 15, 2013: VA has issued a draft report from its Gulf War Veterans’
Illnesses Task Force for feedback and comment. A copy can be downloaded
from the agency's press release.
May 15, 2013: The audio is now available from the Federal Circuit's May 9,
2013, argument in Mikitaroff v. Shinseki regarding the value of medical opinions
that reject the premises of prior benefit award. [listen here]
May 13, 2013: The CAVC has revoked its May 9, 2013, opinion in Beraud v.
Shinseki as "issued in error."
May 10, 2013: The CAVC that the Federal Circuit heard oral argument in
Rusbuldt v. Shinseki regarding when the absence of evidence may be used to
deny a claim [listen here] and McCulley v. Shinseki regarding when a physician's
CV must be provided pursuant to the duty to assist [listen here].
May 9, 2013: The CAVC issued opinions in Beraud v. Shinseki regarding when
a claim pending under 38 C.F.R. § 3.156(b) is rendered final by an subsequent
adjudication [download .pdf] and Romanowsky v. Shinseki regarding how to
determine whether the claimant may have had a disability during the pendency of
a claim [download .pdf]
May 9, 2013: New article added to the Article Index page --- Robert N. Davis,
Veterans Fighting Wars at Home and Abroad, 45 Tex. Tech L. Rev. 389 (2013)
May 9, 2013: The Federal Circuit heard oral argument in Mikitaroff v. Shinseki
regarding the value of medical opinions that reject the premises of prior benefit
awards [listen here] and Brewer v. Shinseki regarding the constitutionality of the
provisions allowing for sua sponte reconsideration of decisions [listen here].
May 8, 2013: The Federal Circuit heard oral argument in Chastain v. Shinseki
regarding the analysis of a CUE allegation based upon omitted evidence [listen
here], Cross v. Shinseki regarding the need to obtain informed consent from a
veteran with dementia prior to a VA surgery [listen here], and Boza v. Shinseki
regarding the proper effective date for additional symptoms of a service
connected disability [listen here].
May 7, 2013: The Federal Circuit heard oral argument in Escobar v. Shinseki
regarding the standard of review in a TDIU claim [listen here] and in Cameron v.
Shinseki regarding when attorneys may charge fees [listen here]
May 6, 2013: The Federal Circuit heard oral argument in Henderson v. Shinseki
regarding the application of collateral estoppel in adjudication of CUE motions
[listen here] and Sprinkle v. Shinseki regarding a claimant's "fair process" right
under Thurber to a copy of a medical opinion relied upon to deny a claim [listen
here].
May 3, 2013: The Federal Circuit issued opinions in Parks v. Shinseki regarding
the competency of a nurse practitioner to render a medical opinion [download .
pdf], and Kyhn v. Shinseki regarding the CAVC's ability to consider evidence
outside the record of VA's procedures [download .pdf]
May 3, 2013: The CAVC issued a precedential order in Solze v. Shinseki
regarding the parties' duty to inform the Court of relevent developments when a
petition for extraordinary relief is pending. [download .pdf]
the one that was issued on May 9 and revoked on May 13. [download .pdf]
May 15, 2013: VA has issued a draft report from its Gulf War Veterans’
Illnesses Task Force for feedback and comment. A copy can be downloaded
from the agency's press release.
May 15, 2013: The audio is now available from the Federal Circuit's May 9,
2013, argument in Mikitaroff v. Shinseki regarding the value of medical opinions
that reject the premises of prior benefit award. [listen here]
May 13, 2013: The CAVC has revoked its May 9, 2013, opinion in Beraud v.
Shinseki as "issued in error."
May 10, 2013: The CAVC that the Federal Circuit heard oral argument in
Rusbuldt v. Shinseki regarding when the absence of evidence may be used to
deny a claim [listen here] and McCulley v. Shinseki regarding when a physician's
CV must be provided pursuant to the duty to assist [listen here].
May 9, 2013: The CAVC issued opinions in Beraud v. Shinseki regarding when
a claim pending under 38 C.F.R. § 3.156(b) is rendered final by an subsequent
adjudication [download .pdf] and Romanowsky v. Shinseki regarding how to
determine whether the claimant may have had a disability during the pendency of
a claim [download .pdf]
May 9, 2013: New article added to the Article Index page --- Robert N. Davis,
Veterans Fighting Wars at Home and Abroad, 45 Tex. Tech L. Rev. 389 (2013)
May 9, 2013: The Federal Circuit heard oral argument in Mikitaroff v. Shinseki
regarding the value of medical opinions that reject the premises of prior benefit
awards [listen here] and Brewer v. Shinseki regarding the constitutionality of the
provisions allowing for sua sponte reconsideration of decisions [listen here].
May 8, 2013: The Federal Circuit heard oral argument in Chastain v. Shinseki
regarding the analysis of a CUE allegation based upon omitted evidence [listen
here], Cross v. Shinseki regarding the need to obtain informed consent from a
veteran with dementia prior to a VA surgery [listen here], and Boza v. Shinseki
regarding the proper effective date for additional symptoms of a service
connected disability [listen here].
May 7, 2013: The Federal Circuit heard oral argument in Escobar v. Shinseki
regarding the standard of review in a TDIU claim [listen here] and in Cameron v.
Shinseki regarding when attorneys may charge fees [listen here]
May 6, 2013: The Federal Circuit heard oral argument in Henderson v. Shinseki
regarding the application of collateral estoppel in adjudication of CUE motions
[listen here] and Sprinkle v. Shinseki regarding a claimant's "fair process" right
under Thurber to a copy of a medical opinion relied upon to deny a claim [listen
here].
May 3, 2013: The Federal Circuit issued opinions in Parks v. Shinseki regarding
the competency of a nurse practitioner to render a medical opinion [download .
pdf], and Kyhn v. Shinseki regarding the CAVC's ability to consider evidence
outside the record of VA's procedures [download .pdf]
May 3, 2013: The CAVC issued a precedential order in Solze v. Shinseki
regarding the parties' duty to inform the Court of relevent developments when a
petition for extraordinary relief is pending. [download .pdf]
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