| Veterans Law Library |
A Comprehensive Collection of
Materials Relating to the Veterans
Benefits Adjudication Process
Materials Relating to the Veterans
Benefits Adjudication Process
Welcome!
Thank You for Your Support
Veterans Law Library has been running now for several months. Thank you to the
thousands of visitors we have already had, and welcome to new visitors.
We have now added specialized pages for claims related to post-traumatic stress
disorder, Agent Orange, and Gulf War Illnesses. We have also added a dedicated
page of links to other web pages of interest. In the coming months, we hope to add
specialized pages for other specific areas of research, such as attorney fee
restrictions. These additions will probably not be rolled out for several weeks, but
keep checking back for the latest material in the meantime.
Please report any problems or feedback to administrator@veteranslawlibrary.com.
thousands of visitors we have already had, and welcome to new visitors.
We have now added specialized pages for claims related to post-traumatic stress
disorder, Agent Orange, and Gulf War Illnesses. We have also added a dedicated
page of links to other web pages of interest. In the coming months, we hope to add
specialized pages for other specific areas of research, such as attorney fee
restrictions. These additions will probably not be rolled out for several weeks, but
keep checking back for the latest material in the meantime.
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
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
April 2010
Apr. 30, 2010: New GAO report released: No. 10-445, Expanded Oversight
Would Improve Training for Experienced Claims Processors (Apr. 30,
2010). Download a copy from the GAO Reports page.
Apr. 29, 2010: The CAVC heard oral argumentn in Sperry v. Shinseki.
[listen here]
Apr. 29, 2010: Veterans Law Review articles are now available on Westlaw
and the second issue is also available on the VLR website. Download links
for articles from the second issue have been added to the Article Index page.
Apr. 27, 2010: The Federal Circuit issued a decision in Guillory v. Shinseki.
[download .pdf]
Apr. 27, 2010: The CAVC heard oral argument in Donnellan v. Shinseki.
[listen here]
Apr. 23, 2010: The Federal Circuit issued a decision in Butler v. Shinseki.
[download .pdf]
Apr. 23, 2010: The CAVC issued an en banc decision in Roberts v.
Shinseki. [download .pdf]
Apr. 23, 2010: The CAVC issued a decision in Posey v. Shinseki.
[download .pdf]
Apr. 23, 2010: New article added to the Article Index page -- Michael
Waterstone, Returning Veterans and Disability Law, 85 Notre Dame L. Rev.
1081 (2010).
Apr. 19, 2010: The Federal Circuit issued a decision in Arzio v. Shinseki.
[download .pdf]
Apr. 13, 2010: CAVC heard oral argument in Raugust v. Shinseki. [listen
here]
Apr. 8, 2010: New article added to the Article Index page -- Jacob B.
Natwick, Note, Unreasonable Delay at the VA: Why Federal District Courts
Should Intervene and Remedy Five-Year Delays in Veterans’ Mental-Health
Benefits Appeals, 95 Iowa L. Rev. 723 (2010). [click here]
Apr. 7, 2010: The Federal Circuit heard oral argument in Preminger v. VA.
[listen here]
Apr. 6, 2010: Federal Circuit decision in Waters v. Shinseki. [click here]
Apr. 6, 2010: The Federal Circuit heard oral argument in Gaston v. Shinseki
[listen here] and Robinson v. Shinseki [listen here].
Would Improve Training for Experienced Claims Processors (Apr. 30,
2010). Download a copy from the GAO Reports page.
Apr. 29, 2010: The CAVC heard oral argumentn in Sperry v. Shinseki.
[listen here]
Apr. 29, 2010: Veterans Law Review articles are now available on Westlaw
and the second issue is also available on the VLR website. Download links
for articles from the second issue have been added to the Article Index page.
Apr. 27, 2010: The Federal Circuit issued a decision in Guillory v. Shinseki.
[download .pdf]
Apr. 27, 2010: The CAVC heard oral argument in Donnellan v. Shinseki.
[listen here]
Apr. 23, 2010: The Federal Circuit issued a decision in Butler v. Shinseki.
[download .pdf]
Apr. 23, 2010: The CAVC issued an en banc decision in Roberts v.
Shinseki. [download .pdf]
Apr. 23, 2010: The CAVC issued a decision in Posey v. Shinseki.
[download .pdf]
Apr. 23, 2010: New article added to the Article Index page -- Michael
Waterstone, Returning Veterans and Disability Law, 85 Notre Dame L. Rev.
1081 (2010).
Apr. 19, 2010: The Federal Circuit issued a decision in Arzio v. Shinseki.
[download .pdf]
Apr. 13, 2010: CAVC heard oral argument in Raugust v. Shinseki. [listen
here]
Apr. 8, 2010: New article added to the Article Index page -- Jacob B.
Natwick, Note, Unreasonable Delay at the VA: Why Federal District Courts
Should Intervene and Remedy Five-Year Delays in Veterans’ Mental-Health
Benefits Appeals, 95 Iowa L. Rev. 723 (2010). [click here]
Apr. 7, 2010: The Federal Circuit heard oral argument in Preminger v. VA.
[listen here]
Apr. 6, 2010: Federal Circuit decision in Waters v. Shinseki. [click here]
Apr. 6, 2010: The Federal Circuit heard oral argument in Gaston v. Shinseki
[listen here] and Robinson v. Shinseki [listen here].
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May 2010
May 28, 2010: The CAVC issued an opinion in King v. Shinseki. [download .
pdf]
May 27, 2010: Yesterday, VA Secretary Shinseki sent a package of legislative
proposals to Congress captioned as the "Veterans Benefit Programs
Improvement Act of 2010." In particular, title II of the proposed bill contains
several provisions that would affect the claims adjudication process.
[download .pdf copy of the entire bill along with the transmission letters from
Secretary Shinseki]
May 26, 2010: Two new reports added to the Commission Reports &
Independent Studies Page --- Center for Naval Analysis, Qualitative Analysis
of VBA Employee Work Credit and Work Management Systems (Nov. 2009)
and Center for Naval Analysis, Recommendations for the VBA Employee
Work Credit System (Nov. 2009).
May 26, 2010: The CAVC heard oral argument in Hornick v. Shinseki.
[listen here]
May 21, 2010: New article added to the Article Index page, Miguel F. Eaton
et al., A Review of Recent Decisions of the United States Court of Appeals
for the Federal Circuit: Ten Federal Circuit Cases from 2009 that Veterans
Benefits Attorneys Should Know, 59 Am. U. L. Rev. 1155 (2010).
May 20, 2010: The Federal Circuit issued a decision in Gaston v. Shinseki.
[download here]
May 17, 2010: A new Independent Budget archive page has been added.
Reports back to FY2007 are available and further years will be added as soon
as they can be digitized.
May 13, 2010: VA's Compensation and Pension service recently released
Training Letter 10-03, "Environmental Hazards in Iraq, Afghanistan, and
Other Military Installations." The 25-page letter details information about
known exposure possibilities, appropriate adjudication procedures, and
relevant notices to provide to physicians providing opinions regarding the
circumstances and nature of the exposures discussed. [download MS Word
version]
May 13, 2010: The CAVC heard oral argument in Patrick v. Shinseki. [listen
here].
May 6, 2010: House hearing: Quality vs. Quantity: Examining the Veterans
Benefits Administration’s Employee Work Credit and Management Systems.
Testimony available here.
May 5, 2010: Senate hearing: TBI - Progress in Treating the Signature
Wound of the Current Conflicts. Testimony available here.
May 5, 2010: New GAO report released and available on the GAO Reports
page: No. GAO-10-658T, Progress and Challenges in Conducting the
National Vietnam Veterans Longtitudinal Study (May 5, 2010) and No. GAO-
10-578R, Status of VA's Approach in Conducting the National Vietnam
Veterans Longitudinal Study (May 5, 2010).
May 5, 2010: House hearing: Health Effects of the Vietnam War – The
Aftermath. Testimony available here.
May 3, 2010: The Federal Circuit heard oral argument in Nielson v. Shinseki
[listen here], Gardin v. Shinseki [listen here], and Perez-Burgos v. Shinseki
[listen here].
pdf]
May 27, 2010: Yesterday, VA Secretary Shinseki sent a package of legislative
proposals to Congress captioned as the "Veterans Benefit Programs
Improvement Act of 2010." In particular, title II of the proposed bill contains
several provisions that would affect the claims adjudication process.
[download .pdf copy of the entire bill along with the transmission letters from
Secretary Shinseki]
May 26, 2010: Two new reports added to the Commission Reports &
Independent Studies Page --- Center for Naval Analysis, Qualitative Analysis
of VBA Employee Work Credit and Work Management Systems (Nov. 2009)
and Center for Naval Analysis, Recommendations for the VBA Employee
Work Credit System (Nov. 2009).
May 26, 2010: The CAVC heard oral argument in Hornick v. Shinseki.
[listen here]
May 21, 2010: New article added to the Article Index page, Miguel F. Eaton
et al., A Review of Recent Decisions of the United States Court of Appeals
for the Federal Circuit: Ten Federal Circuit Cases from 2009 that Veterans
Benefits Attorneys Should Know, 59 Am. U. L. Rev. 1155 (2010).
May 20, 2010: The Federal Circuit issued a decision in Gaston v. Shinseki.
[download here]
May 17, 2010: A new Independent Budget archive page has been added.
Reports back to FY2007 are available and further years will be added as soon
as they can be digitized.
May 13, 2010: VA's Compensation and Pension service recently released
Training Letter 10-03, "Environmental Hazards in Iraq, Afghanistan, and
Other Military Installations." The 25-page letter details information about
known exposure possibilities, appropriate adjudication procedures, and
relevant notices to provide to physicians providing opinions regarding the
circumstances and nature of the exposures discussed. [download MS Word
version]
May 13, 2010: The CAVC heard oral argument in Patrick v. Shinseki. [listen
here].
May 6, 2010: House hearing: Quality vs. Quantity: Examining the Veterans
Benefits Administration’s Employee Work Credit and Management Systems.
Testimony available here.
May 5, 2010: Senate hearing: TBI - Progress in Treating the Signature
Wound of the Current Conflicts. Testimony available here.
May 5, 2010: New GAO report released and available on the GAO Reports
page: No. GAO-10-658T, Progress and Challenges in Conducting the
National Vietnam Veterans Longtitudinal Study (May 5, 2010) and No. GAO-
10-578R, Status of VA's Approach in Conducting the National Vietnam
Veterans Longitudinal Study (May 5, 2010).
May 5, 2010: House hearing: Health Effects of the Vietnam War – The
Aftermath. Testimony available here.
May 3, 2010: The Federal Circuit heard oral argument in Nielson v. Shinseki
[listen here], Gardin v. Shinseki [listen here], and Perez-Burgos v. Shinseki
[listen here].
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June 2010
Jun. 28, 2010: The Supreme Court granted certiorari in Henderson v.
Shinseki. The grant is on page 3 of today's Supreme Court order sheet. The
en banc Federal Circuit decision held that equitable tolling was not available
for Notices of Appeal that were filed late with the CAVC. A decision on the
merits will probably not issue until at least early next year.
Jun. 23, 2010: New proposed rule issued: "Schedule for Rating Disabilities;
Evaluation of Amyotrophic Lateral Sclerosis," 75 Fed. Reg. 35711 (Jun. 23,
2010). Download .pdf from the Developing Sources page.
Jun. 18, 2010: The CAVC issued an opinion in Fournier v. Shinseki.
[download .pdf]
Jun. 15, 2010: The House held a hearing on "The State of the Veterans
Benefits Administration." [link to House page for hearing]
Jun. 11, 2010: The CAVC issued an opinion in Raugust v. Shinseki.
[download .pdf]
Jun. 10, 2010: The CAVC heard oral argument in Cullen v. Shinseki. [listen
here]
Jun. 9, 2010: The Federal Circuit heard oral argument in Jones v. Shinseki
[listen here] and Hunt v. Shinseki [listen here].
Jun. 9, 2010: The CAVC heard oral argument in Smith v. Shinseki. [listen
here]
Jun. 8, 2010: The Federal Circuit heard oral argument in Munro v. Shinseki.
[listen here]
Jun. 7, 2010: The Federal Circuit issued opinions in Roberson v. Shinseki
[download .pdf] and Nielson v. Shinseki [download .pdf].
Jun. 1, 2010: The Federal Circuit issued an opinion in Colantonio v. Shinseki.
[download .pdf]
Shinseki. The grant is on page 3 of today's Supreme Court order sheet. The
en banc Federal Circuit decision held that equitable tolling was not available
for Notices of Appeal that were filed late with the CAVC. A decision on the
merits will probably not issue until at least early next year.
Jun. 23, 2010: New proposed rule issued: "Schedule for Rating Disabilities;
Evaluation of Amyotrophic Lateral Sclerosis," 75 Fed. Reg. 35711 (Jun. 23,
2010). Download .pdf from the Developing Sources page.
Jun. 18, 2010: The CAVC issued an opinion in Fournier v. Shinseki.
[download .pdf]
Jun. 15, 2010: The House held a hearing on "The State of the Veterans
Benefits Administration." [link to House page for hearing]
Jun. 11, 2010: The CAVC issued an opinion in Raugust v. Shinseki.
[download .pdf]
Jun. 10, 2010: The CAVC heard oral argument in Cullen v. Shinseki. [listen
here]
Jun. 9, 2010: The Federal Circuit heard oral argument in Jones v. Shinseki
[listen here] and Hunt v. Shinseki [listen here].
Jun. 9, 2010: The CAVC heard oral argument in Smith v. Shinseki. [listen
here]
Jun. 8, 2010: The Federal Circuit heard oral argument in Munro v. Shinseki.
[listen here]
Jun. 7, 2010: The Federal Circuit issued opinions in Roberson v. Shinseki
[download .pdf] and Nielson v. Shinseki [download .pdf].
Jun. 1, 2010: The Federal Circuit issued an opinion in Colantonio v. Shinseki.
[download .pdf]
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July 2010
Jul. 28, 2010: The CAVC heard oral argument in Savage v. Shinseki. [listen
here]
Jul. 27, 2010: The CAVC issued opinions in Sperry v. Shinseki [download
here] and Hamer v. Shinseki [download here].
Jul. 27, 2010: The CAVC heard oral argument in Simmons v. Shinseki. [listen
here]
Jul. 26, 2010: Two new articles added to the Article Index page: F. Don
Nidiffer & Spencer Leach, To Hell and Back: Evolution of Combat-Related
Post Traumatic Stress Disorder, 29 Dev. Mental Health L. 1 (2010), and
Victoria L. Collier & Drew Early, Cracks in the Armor: Due Process,
Attorney's Fees, and the Department of Veterans Affairs, 18 Elder L.J. 1
(2010).
Jul. 19, 2010: The CAVC issued an opinion in Patrick v. Shinseki denying an
EAJA application. [download .pdf]
Jul. 16, 2010: SERVICE ADVISORY --- The Federal Circuit has
debuted a completely overhauled website. As a result, older links to
opinions and arguments may not work or may no longer link directly to
the object. However, if a link here is not working properly, the search
tools at the new Federal Circuit website should help you quickly locate
what you are looking for.
Jul. 16, 2010: The Federal Circuit issued an opinion in Gardin v. Shinseki.
[download .pdf]
Jul. 14, 2010: The Senate held a hearing on "Review of Veterans Claims
Processing: Are Current Efforts Working?" [link to Senate page for hearing]
Ju1. 13, 2010: New final rule issued: "Stressor Determinations for
Posttraumatic Stress Disorder," 75 Fed. Reg. 39843 (Jul. 13, 2010).
Download .pdf from the Developing Sources page.
Jul. 13, 2010: The CAVC heard oral argument in Fithian v. Shinseki. [listen
here]
Jul. 9, 2010: The Federal Circuit heard oral argument in Wanless v. Shinseki.
[listen here]
Jul. 1, 2010: The CAVC issued an opinion in Bryant v. Shinseki regarding VA
hearing procedure. [download .pdf]
here]
Jul. 27, 2010: The CAVC issued opinions in Sperry v. Shinseki [download
here] and Hamer v. Shinseki [download here].
Jul. 27, 2010: The CAVC heard oral argument in Simmons v. Shinseki. [listen
here]
Jul. 26, 2010: Two new articles added to the Article Index page: F. Don
Nidiffer & Spencer Leach, To Hell and Back: Evolution of Combat-Related
Post Traumatic Stress Disorder, 29 Dev. Mental Health L. 1 (2010), and
Victoria L. Collier & Drew Early, Cracks in the Armor: Due Process,
Attorney's Fees, and the Department of Veterans Affairs, 18 Elder L.J. 1
(2010).
Jul. 19, 2010: The CAVC issued an opinion in Patrick v. Shinseki denying an
EAJA application. [download .pdf]
Jul. 16, 2010: SERVICE ADVISORY --- The Federal Circuit has
debuted a completely overhauled website. As a result, older links to
opinions and arguments may not work or may no longer link directly to
the object. However, if a link here is not working properly, the search
tools at the new Federal Circuit website should help you quickly locate
what you are looking for.
Jul. 16, 2010: The Federal Circuit issued an opinion in Gardin v. Shinseki.
[download .pdf]
Jul. 14, 2010: The Senate held a hearing on "Review of Veterans Claims
Processing: Are Current Efforts Working?" [link to Senate page for hearing]
Ju1. 13, 2010: New final rule issued: "Stressor Determinations for
Posttraumatic Stress Disorder," 75 Fed. Reg. 39843 (Jul. 13, 2010).
Download .pdf from the Developing Sources page.
Jul. 13, 2010: The CAVC heard oral argument in Fithian v. Shinseki. [listen
here]
Jul. 9, 2010: The Federal Circuit heard oral argument in Wanless v. Shinseki.
[listen here]
Jul. 1, 2010: The CAVC issued an opinion in Bryant v. Shinseki regarding VA
hearing procedure. [download .pdf]
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August 2010
Aug. 31, 2010: VA published a final rule: Diseases Associated With Exposure
to Certain Herbicide Agents (Hairy Cell Leukemia and Other Chronic B-Cell
Leukemias, Parkinson's Disease and Ischemic Heart Disease), 75 Fed. Reg.
53202. Download a .pdf from the Developing Sources page.
Aug. 20, 2010: The CAVC issued an opinion in Hornick v. Shinseki addressing
severance of benefits under 38 U.S.C. § 1151. [download .pdf]
Aug. 17, 2010: The CAVC issued an opinion in Bardwell v. Shinskeki
addressing how lay testimony may be assessed [download .pdf] and in Smith
v. Shinseki addressing active duty for training and aggravation claims
[download .pdf]
Aug. 13, 2010: The CAVC issued an opinion in Cullen v. Shinseki addressing
the availability of multiple disability ratings. [download .pdf]
Aug. 12, 2010: The CAVC issued an en banc opinion in Chandler v. Shinseki
addressing pension benefits under 38 U.S.C. § 1513. [download .pdf]
Aug. 10, 2010: The CAVC issued an opinion in MacKlem v. Shinseki
addressing VA's extraordinary award review procedures [download .pdf] and a
published order in Breedlove v. Shinseki regarding substitution in light of
recent statutory changes [download .pdf].
Aug. 6, 2010: The Federal Circuit issued an opinion in Munro v. Shinseki
discussing the pending claim doctrine. [download .pdf]
Aug. 2, 2010: The Federal Circuit issued a nonprecedential order in In re
Paralyzed Veterans of America granting a petition for mandamus and ordering
the Secretary to issue a final rule on new Agent Orange presumptions within
30 days. [download here]
to Certain Herbicide Agents (Hairy Cell Leukemia and Other Chronic B-Cell
Leukemias, Parkinson's Disease and Ischemic Heart Disease), 75 Fed. Reg.
53202. Download a .pdf from the Developing Sources page.
Aug. 20, 2010: The CAVC issued an opinion in Hornick v. Shinseki addressing
severance of benefits under 38 U.S.C. § 1151. [download .pdf]
Aug. 17, 2010: The CAVC issued an opinion in Bardwell v. Shinskeki
addressing how lay testimony may be assessed [download .pdf] and in Smith
v. Shinseki addressing active duty for training and aggravation claims
[download .pdf]
Aug. 13, 2010: The CAVC issued an opinion in Cullen v. Shinseki addressing
the availability of multiple disability ratings. [download .pdf]
Aug. 12, 2010: The CAVC issued an en banc opinion in Chandler v. Shinseki
addressing pension benefits under 38 U.S.C. § 1513. [download .pdf]
Aug. 10, 2010: The CAVC issued an opinion in MacKlem v. Shinseki
addressing VA's extraordinary award review procedures [download .pdf] and a
published order in Breedlove v. Shinseki regarding substitution in light of
recent statutory changes [download .pdf].
Aug. 6, 2010: The Federal Circuit issued an opinion in Munro v. Shinseki
discussing the pending claim doctrine. [download .pdf]
Aug. 2, 2010: The Federal Circuit issued a nonprecedential order in In re
Paralyzed Veterans of America granting a petition for mandamus and ordering
the Secretary to issue a final rule on new Agent Orange presumptions within
30 days. [download here]
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