A Comprehensive Collection of
Materials Relating to the Veterans
Benefits Adjudication Process
Archive of Prior Developments
“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
Dec. 30, 2009: No. 10-62, Analysis of VA Compensation Levels for
Survivors of Veterans and Servicemembers (Nov. 13, 2009) added to
GAO Reports page.
Dec. 18, 2009: New Proposed Rule: Board of Veterans’ Appeals:
Remand or Referral for Further Action; Notification of Evidence Secured
by the Board and Opportunity for Response. You can download the full
Federal Register posting at the Developing Sources page [here].
Dec. 17, 2009: En banc Federal Circuit opinion in Henderson v. Shinseki,
overruling its prior decisions in Bailey and Jaquay [click here].
Dec. 11, 2009: Transcripts of selected House hearings from the 109th
Congress have been added. You can view them [here].
Dec. 10, 2009: All of the download links on the GAO report page should
now be active. You can view them [here].
Dec. 10, 2009: The Federal Circuit heard oral argument in Orena v.
Shinseki [listen here], and De Ramos v. Shinseki [listen here].
UPCOMING CONFERENCE-- Mar. 4-5, 2010: CAVC's 11th Judicial
Conference. The featured speaker will be retired Justice Sandra Day
O'Connor. For more information, click [click here]. [NEW --
Conference Program available [here].
December 2009
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November 2009
Nov. 26, 2009: Federal Circuit decision in Charles v. Shinseki [click here].
Nov. 25, 2009: CAVC decision in Hood v. Shinseki [click here].
Nov. 25, 2009: Federal Circuit decision in Jackson v. Shinseki [click here].
Nov. 20, 2009: CAVC decision in Segers v. Shinseki [click here].
Nov. 12, 2009: VA proposed a new rule regarding "Claim-Related
Documents or Supporting Evidence Not of Record." For more
information, see the Developing Sources page.
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October 2009
Oct. 2009: The Independent Budget group released its "Critical Issues for
FY2011." For more information, see the Secondary Sources page.
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Jan. 29, 2010: New GAO report released: No. 10-213, Further Evaluation
of Ongoing Initiatives Could Help Identify Effective Approaches for
Improving Claims Processing available on the [GAO Reports page].
Jan. 26, 2010: CAVC heard oral argument in Breedlove v. Shinseki [listen
here].
Jan. 21, 2010: CAVC decision in Johnson v. Shinseki [click here].
Jan. 20, 2010: CAVC precedential EAJA order in Padgett v. Shinseki
posted [click here].
Jan. 15, 2010: CAVC decision in Kyhn v. Shinseki [click here].
Jan. 14, 2010: Information on the Veterans for Common Sense lawsuit has
been added to the Case Law page, including audio of the oral argument at
the United States Court of Appeals for the Ninth Circuit.
Jan. 14, 2010: CAVC heard oral argument in Fournier v. Shinseki [listen
here].
Jan. 14, 2010: New entry added to the Law Review Article Index --
Jennifer C. Schingle, A Disparate Impact on Female Veterans: The
Unintended Consequences of Veterans Regulations Governing the Burdens
of Proof for Post-Traumatic Stress Disorder Due to Combat and Military
Sexual Trauma, 16 Wm. & Mary J. Women & L. 155 (2009).
Jan. 13, 2010: CAVC heard oral argument in Chandler v. Shinseki [listen
here].
Jan. 12, 2010: CAVC heard oral argument in Rickett v. Shinseki [listen
here].
UPCOMING CONGRESSIONAL HEARINGS: VA will present its budget
request for FY2011 and FY2012 on February 4, 2010, followed by several
presentations from major veterans groups over the next few weeks
exploring their priorities for the next two years. For a complete schedule
and links to watch the hearings online, visit the Senate's hearings page and
the House's hearing page.
Jan. 10, 2010: An index to the transcripts of all the CAVC Judicial
Conferences has been added to the Secondary Sources section [here].
Jan. 7, 2010: Federal Circuit heard oral argument in Bastien v. Shinseki
[listen here].
Jan. 4, 2010: Federal Circuit decision in Golz v. Shinseki [click here].
January 2010
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Feb. 25, 2010: The veteran in Henderson v. Shinseki, has filed a petition to
have the Supreme Court review the Federal Circuit's Dec. 17, 2009, en banc
decision, which overruled its prior decisions in Bailey and Jaquay.
[download the petition]
Feb. 24, 2010: New report added to the Commission Report page -- Booz,
Allen, Hamilton, Veterans Benefits Administration Compensation and Pension
Claims Development Cycle Study (June 5, 2009) [Commission Report page]
Feb. 22, 2010: New report added to VA Office of Inspector General list --
Veterans Benefits Administration Review of New Hire Productivity and the
American Recovery and Reinvestment Act Hiring Initiative, Report Number
09-01814-85, Feb. 18, 2010 [VAOIG report page]
Feb. 22, 2010: New Federal Register Posting added to the Developing
Sources Page -- Notice of Information and Evidence Necessary to
Substantiate Claim, 74 Fed. Reg. 65702 (Dec. 11, 2009) [Developing
Sources page]
Feb. 22, 2010: Two new books added to the Book Index -- Wilbur J. Scott,
Vietnam Veterans Since the War: The Politics of PTSD, Agent Orange, and
the National Memorial (2nd ed. 2004) and Davis R. B. Ross, Preparing for
Ulysses: Politics and Veterans During World War II (1969) [Book index]
Feb. 15, 2010: The American Psychiatric Association has released a public
draft of the fifth edition of the Diagnostic and Statistical Manual of Mental
Disorders (DSM-V). Although the final version is not scheduled to be issued
until May 2013, the new edition could affect the adjudication of mental
disability claims by changing the criteria for diagnosing various conditions.
For more information, [click here for the DSM-V home page].
Feb. 10, 2010: New specialized pages collecting authorities relating to
PTSD claims, Gulf War Illnesses claims, and claims related to Agent
Orange. A page has also been added for useful links.
Feb. 10, 2010: New entry added to the Law Review Article Index --
Thomas J. Reed, Parallel Lines Never Meet: Why the Military Disability
Retirement and Veterans Affairs Department Claim Adjudication Systems are
a Failure, 19 Widener L.J. 57 (2009).
Feb. 4, 2010: House Hearing on the Implementation and Status Update on
the Veterans’ Benefits Improvement Act, P.L. 110-389 added to the [House
Hearings page].
Feb. 3, 2010: The Independent Budget group of veterans service
organizations has released its annual report and proposed FY 2011 budget
for VA. Download the full .pdf from the [Secondary Sources page].
Feb. 3, 2010: Federal Circuit heard oral argument in Santos v. Shinseki
[listen here].
Feb. 2, 2010: Federal Circuit heard oral argument in Snyder v. Shinseki
[listen here].
Feb. 1, 2010: Federal Circuit heard oral argument in Lawson v. Shinseki
[listen here].
Feb. 1, 2010: New entry added to the Law Review Article Index -- Craig M.
Kabatchnick, The TBI Impact: The Truth about Traumatic Brain Injuries and
their Indeterminate Effects on Elderly, Minority, and Female Veterans of All
Wars, 11 Marquette Elder's Advisor L.J. 81 (2009).
February 2010
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SERVICE ADVISORY --- Links in the archive are not maintained. In
particular, the Federal Circuit debuted a completely overhauled website on
July 16, 2010. 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.
March 2010
Mar. 31, 2010: New article added to the Article Index page -- Benjamin W.
Wright, The Potential Repercussions of Denying Disabled Veterans the
Freedom to Hire an Attorney, 19 Fed. Cir. B.J. 433 (2009) [click here]
Mar. 31, 2010: The CAVC issued a decision in Hickson v. Shinseki.
[download .pdf]
Mar. 29, 2010: The CAVC issued a decision in Singleton v. Shinseki.
[download .pdf]
Mar. 25, 2010: New Federal Register posting added to the Developing
Sources page -- 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. 14391 (Mar.
25, 2010) [Developing Sources page]
Mar. 24, 2010: The CAVC issued a decision in Jones v. Shinseki.
[download .pdf]
Mar. 24, 2010: Federal Circuit decision in Bastien v. Shinseki. Don't
overlook J. Newman's dissent. [click here]
Mar. 24, 2010: New entry added to the GAO Reports page: No. 10-530T,
VA Has Improved Its Programs for Measuring Accuracy and Consistency,
but Challenges Remain (Mar. 24, 2010).
Mar. 19, 2010: The CAVC issued a decision in Rickett v. Shinseki.
[download .pdf]
Mar. 18, 2010: New Federal Register Posting added to the Developing
Sources Page and the Gulf War Illness Page -- Presumptions of Service
Connection for Persian Gulf Service, 75 Fed.Reg. 13051 (Mar. 18, 2010)
[Developing Sources page] [Gulf War Illness page]
Mar. 18, 2010: New report added to VA Office of Inspector General list --
Audit of VA’s Efforts To Provide Timely Compensation and Pension Medical
Examinations, Report Number 09-02135-107, Mar. 17, 2010 [VAOIG report
page]
Mar. 18, 2010: The BVA Chairman's Annual Report for FY2009 has been
released and added. [BVA Chairman's Annual Report page].
Mar. 12, 2010: The second issue of the Veterans Law Review has been
published. Nine articles and notes have been added to the Article Index
page. Links will be added as soon as the articles are online.
Mar. 10, 2010: Two new reports added to the Commission Reports page:
Center for Naval Analysis, First Interim Evaluation of Individual Claimant
Checklist Pilot Program (Aug. 2009) and Center for Naval Analysis, Interim
Evaluation of Fully Developed Claims Pilot Program (Aug. 2009)
[Commission Report page]
Mar. 4, 2010: The Federal Circuit heard oral argument in Arzio v. Shinseki,
[listen here], Dawson v. Shinseki [listen here], and Bullock v. Shinseki [listen
here].
Mar. 3, 2010: The CAVC issued an en banc decision in Ortiz v. Shinseki
[download .pdf]
Mar. 2, 2010: The Federal Circuit heard oral argument in Roberson v.
Shinseki [listen here].
Mar. 1, 2010: The Federal Circuit heard oral argument in Del Rosario v.
Shinseki [listen here] and Waters v. Shinseki [listen here].
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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].
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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 reports 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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