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
January 2014
Jan. 28, 2014:  The CAVC heard oral argument in Evans v. Shinseki regarding a
CUE motion based upon the RO's failure to discuss referral of a claim for
consideration of extraschedular TDIU.  [
listen here]

Jan. 16, 2014:  The CAVC withdrew its Jan. 13 decision in
Pacheco v. Shinseki
and issued a new opinion in its place.  [
download .pdf]

Jan. 15, 2014:  The CAVC heard oral argument in
Cardona v. Shinseki regarding
whether this same-sex marriage benefits case is moot because the claimant has
been paid benefits.  [
listen here]

Jan. 13, 2014:  The CAVC issued opinions in
Pacheco v. Shinseki regarding
effective dates under 38 C.F.R. §3.156(c) [
download .pdf] and Smith v. Shinseki
regarding the burden of persuasion necessary to support a motion to recall
judgment [
download .pdf].

Jan. 10, 2014:  The Federal Circuit heard oral argument in
Larson v. Shinseki
regarding harmless error and the law of the case doctrine.  [
listen here]

Jan. 9, 2014:  Audio has now been posted Tuesday's arguments.

Jan. 8, 2014:  The Federal Circuit heard oral argument in
Elliott v. Shinseki
regarding equitable tolling and the presumption of regularity in mailing.  [listen
here]

Jan. 7, 2014:  The Federal Circuit heard oral argument scheduled in
Andrews v.
Shinseki
 regarding the implicit denial doctrine [listen here] and McDonald v.
Shinseki
regarding when an earlier effective date may be awarded based upon
service department records.  [
listen here]  

Jan. 6, 2014:  New article added to the
Article Index page --- Rachel Kleinpeter,
Note,
Hey, Soldier Don’t Breathe Too Deeply, You Never Know What Might Be
in the Air
, 23 Fed. Cir. B.J. 193 (2013)

Jan. 6, 2014:  The Federal Circuit heard oral argument in
Swift v. Shinseki.  
Audio will be posted when available.

Jan. 3, 2014:  VA published a new proposed rule --- Fiduciary Activities, 79 Fed.
Reg. 430 (Jan. 3, 2014). [
download .pdf]






































February 2014
Feb. 28, 2014:  The CAVC issued an opinion in Martin v. Shinseki regarding
Supplemental Service Disabled Veterans' Insurance under 38 U.S.C. § 1922A.  
[
download .pdf]

Feb. 26, 2014:  The CAVC issued opinions in
Tatum v. Shinseki regarding
disability ratings during recovery from cancer treatment [
download .pdf] and
King v. Shinseki regarding CUE motions based upon failure to consider evidence
[
download .pdf]

Feb. 26, 2014:  The National Academies Press released a new report ---

Preventing Psychological Disorders in Service Members and Their Families
.  
Download a free .pdf copy from the NAP website.

Feb. 21, 2014:  The Federal Circuit issued an opinion in
Mason v. Shinseki
regarding the time in which to file an NOD in an attorney fee dispute.  [
download
.pdf]

Feb. 20, 2014:  The National Academies Press released a new report ---
Gulf
War and Health, Volume 9:  Long-Term Effects of Blast Exposures
.  Download
a free .pdf copy from the NAP website.

Feb. 14, 2014:  The CAVC issued an opinion in
Moffitt v. Shinseki regarding the
availability of the hypothetical-entitlement theory under 38 U.S.C. § 1311(a)(2).  
[
download .pdf]

Feb. 10, 2014:  The Federal Circuit published an opinion in
Stallworth v. Shinseki
regarding the medical evidence required to sever service connection.  [
download
.pdf]

Feb. 7, 2014:  The Federal Circuit heard oral argument in
Ladd v. Shinseki
regarding equitable tolling [
listen here] and Bowers v. Shinseki regarding which
presumptions apply to service on active duty for training [
listen here]

Feb. 6, 2014:  The Federal Circuit heard oral argument in
Wills v. Shinseki
regarding the application of collateral estoppel in agency proceedings [
listen here]
and
Gonzales v. Shinseki regarding the standard for awarding a TDIU rating
[
listen here].

Feb. 5, 2014:  The House Committee on Veterans' Affairs held a hearing ---
Beyond Transformation: Reviewing Current Status and Secondary Effects of
VBA Technology  [
House page for hearing]

Feb. 5, 2014:  The Independent Budget for FY2015 has been released.  
[
download .pdf]

Feb. 5, 2014:  The Federal Circuit heard oral arguments in
Robertson v. Shinseki
regarding whether a clemency discharge restores eligibility for benefits.  [
listen
here]

Feb. 4, 2014:  The Federal Circuit issued an opinion in
Dixon v. Shinseki
regarding equitable tolling and the CAVC's ability to consider additional evidence
when weighing a reconsideration motion.  [
download .pdf]

Feb. 3, 2014:  The Federal Circuit issued a published order in
Middleton v.
Shinseki
denying panel reconsideration and en banc review.  [download .pdf]






















































March 2014
Mar. 21, 2014:  The CAVC issued an opinion in King v. Shinseki regarding VA's
duty to verify the length of service when the issue is in dispute.  [
download .pdf]

Mar. 20, 2014:  The Senate VA Claims Backlog Working Group has released its
report.  [
download .pdf]

Mar. 20, 2014:  The CAVC issued an opinion in
Morris v. Shinseki regarding the
relevance of state law to an accrued benefits claim.  [
download .pdf]

Mar. 18, 2014:   The National Academies Press released a new report ---
Chronic Multisymptom Illness in Gulf War Veterans:  Case Definitions
Reexamined
(2014).  Download a free .pdf copy from the NAP website.

Mar. 11, 2014:  The CAVC issued a published order in
Cardona v. Shinseki
regarding the mootness of this same-sex marriage benefits claim.  [
download
.pdf]

Mar. 11, 2014:  The National Academies Press released a new report ---
Veterans and Agent Orange:  Update 2012 (2014).  Download a free .pdf copy
from the NAP website.

Mar. 10, 2014:  The Federal Circuit issued an opinion in
Larson v. Shinseki
regarding the ability to file multiple CUE motions attacking the same RO
decision.  [
download .pdf]

Mar. 7, 2014:  The CAVC issued an opinion in
Jackson v. Shinseki regarding an
attorney's ability to collect a contingency fee if the Veteran dies before an award
of benefits is processed and paid.  [
download .pdf]

Mar. 7, 2104:  The CAVC's annual report for FY2013 has been added to the
CAVC Annual Reports page.

Mar. 6, 2014:  The Federal Circuit heard oral argument in
Holloway v. Shinseki
regarding the Board's obligation to address all issues reasonably raised by the
record [
listen here], Anderson v. Shinseki regarding the proper interpretation of
the new and material evidence standard [
listen here], and Johnson v. Shinseki
regarding the proper interpretation of the TDIU standard [
listen here].

Mar. 4, 2014:  The Federal Circuit heard oral argument in
Checo v. Shinseki
regarding the CAVC's ability to
sua sponte consider the timeliness of appeal.  
[
listen here]

Mar. 3, 2014:  The Federal Circuit heard oral argument in
Hickman v. Shinseki
regarding the assignment of an effective date when a claim is granted based upon
a change in law.  [
listen here]











































April 2014
Apr. 23, 2014:  The Federal Circuit issued an opinion in Checo v. Shinseki
regarding equitable tolling of the time to file an NOA with the CAVC.  [
download
.pdf
]

Apr. 23, 2014:  The CAVC heard oral argument in
Mulder v. Shinseki.  Audio
will be added when available.

Apr. 22, 2014:  The CAVC heard oral argument in Hudgens v. Shinseki.  Audio
will be added when available.

Apr. 22, 2014:  The National Academies Press released a new report ---
Gulf War and Health, Volume 9:  Long-Term Effects of Blast Exposures
(2014).
Download a free .pdf copy from the NAP website.

Apr. 17, 2014:  The Fed. Cir. issued an opinion in
Bowers v. Shinseki regarding
service connection for ALS based upon active duty for training service.  
[
download .pdf]

Apr. 17, 2014:  New article added to the
Article Index page --- Whitney
Bosworth Blazek, Note,
Combating Privatization: Modifying the Veterans
Administration Fiduciary Program to Protect Incompetent Veterans
, 63 Duke
L.J.
1503 (2014)

Apr. 16, 2014:  The CAVC issued an opinion in
Wise v. Shinseki regarding the
adequacy of a VA medical opinion.  [
download .pdf]

Apr. 15, 2014:  The Seventh Circuit heard oral argument in
Stump v. Greenfield
Banking Company
regarding the types of lawsuits that may be brought against a
VA fiduciary that fall outside the jurisdiction of the CAVC.  [
listen here].

Apr. 11, 2014:  VA published a notice in the Federal Register ---
Determinations
Concerning Illnesses Discussed in National Academy of Sciences Report:
Veterans and Agent Orange: Update 2012
. [download .pdf]

Apr. 11, 2014:  The Federal Circuit heard oral argument in
Kokenge v. Shinskei
regarding when administrative res judicata applies [
listen here] and Miller v.
Shinseki
regarding when entitlement to TDIU is raised [listen here].

Apr. 10, 2014:  The Federal Circuit heard oral argument in
Spicer v. Shinseki
regarding the proper rating for arthritis of minor joints.  [
listen here]

Apr. 8, 2014:  The CAVC heard oral argument in
Leavey v. Shinseki regarding a
Board member's notification duties at a hearing under 38 C.F.R. § 3.103(c).  
[
listen here]

Apr. 7, 2014:  The Federal Circuit heard oral argument in
Cameron v. Shinseki
regarding when downstream issues are included in a representation agreement.  
[
listen here]

Apr. 6, 2014:  Two articles added to the
Article Index page --- Benjamin
Pomerance,
Fighting on Too Many Fronts:  Concerns Facing Elderly Veterans in
Navigating the United States Department of Veterans Affairs Benefits System
, 37
Hamline L. Rev. 19 (2014) and Arthur C. Russo, Assessing Veteran Symptom
Validity
, 7 Psych. Inj. and Law 1 (2014) [download .pdf]

Apr. 4, 2014:  The CAVC issued an opinion in
Murphy v. Shinseki regarding the
Board of Veterans' Appeals authority in reviewing a disability that was increased
by the agency of original jurisdiction during a remand.  [
download .pdf]

Apr. 2, 2014:  The CAVC heard oral argument in
Tagupa v. Shinseki regarding
VA's duty to seek verification when the issue of qualifying service is disputed.  
[
listen here]