Veterans Law Library has completed its migration and updates should again appear regularly. We apologize for the inconvenience and appreciate your patience during this transition. If you notice any issues, please report them to firstname.lastname@example.org.
Latest Developments and Additions
- 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].
- 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]
- 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]
- 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].