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.
June 2012
- June 29, 2012: The CAVC issued an opinion in Bowen v. Shinseki regarding when CUE has been raised and whether an opportunity for a BVA hearing will cure any prejudice from being denied an RO hearing. [download .pdf]
- June 29, 2012: New article added to the Article Index page — Paul R. Gugliuzza, Rethinking Federal Circuit Jurisdiction, 100 Geo. L.J. 1437 (2012) [download .pdf]
- June 28, 2012: The Federal Circuit issued an opinion in Heino v. Shinseki regarding drug copayment costs. [download .pdf]
- June 26, 2012: The CAVC issued a decision in Sellers v. Shinseki regarding when an RO decision has been officially issued under 38 U.S.C. § 5104(a) and 38 C.F.R. § 3.104(a). [download .pdf]
- June 25, 2012: The Federal Circuit issued an opinion in Thompson v. Shinseki regarding when a remand pursuant to a joint motion to remand is predicated on administrative error. [download .pdf]
- June 25, 2012: New article added to the Article Index Page — Madeline McGrane, Post-traumatic Stress Disorder in the Military: The Need for Legislative Improvement of Mental Health Care for Veterans of Operation Iraqi Freedom and Operation Enduring Freedom, 24 J. L. & Health 183 (2010).
- June 22, 2012: The CAVC issued an opinion in Mays v. Shinseki regarding eligibility for educational benefits. [download .pdf]
- June 21, 2012: The CAVC issued an opinion in Horn v. Shinseki regarding the value of a MEB report in rebutting the presumptions of sound condition and aggravation. [download .pdf]
- June 19, 2012: The House Veterans Affairs Committee held a hearing — Reclaiming the Process: Examining the VBA Claims Transformation Plan as a Means to Effectively Serve our Veterans. [link to House page for hearing]
- June 19, 2012: The CAVC issued an opinion in Jernigan v. Shinseki regarding the requirement to file a formal application within a year of an informal claim. [download .pdf]
- June 14, 2012: The Federal Circuit issued a decision in Reeves v. Shinseki regarding substitution and regarding the evidentiary presumption for combat veterans under 38 U.S.C. § 1154. [download .pdf]
- June 13, 2012: The CAVC heard oral argument in Cline v. Shinseki regarding when obtaining service department records corroborating a stressor will allow a reopened PTSD claim to relate back to an earlier claim. [listen here]
- June 8, 2012: The Federal Circuit heard oral argument in Hillyard v. Shinseki regarding a claimant's ability to file more than one CUE motion attacking a Board decision. [listen here]
- June 7, 2012: The Federal Circuit heard oral argument in Belcher v. Shinseki regarding the amount of evidence needed to corroborate a PTSD stressor [listen here] and Airington v. Shinseki regarding whether unemployability is an issue that requires a medical opinion [listen here].
- June 6, 2012: The Federal Circuit heard oral argument in Dupuy v. Shinseki regarding the evidence necessary to trigger the duty to assist. [listen here]
- June 5, 2012: The Federal Circuit heard oral argument in King v. Shinseki regarding the proper evaluation of lay evidence. [listen here]
May 2012
- May 25, 2012: Late yesterday evening the Senate confirmed Margaret Bartley and Coral Wong Pietsch to fill two of the three vacancies on the CAVC. There is currently no nominee to fill the final vacancy. [Senate confirmations page]
- May 24, 2012: The CAVC issued an en banc opinion in Young v. Shinseki regarding its jurisdiction to consider an argument that the BVA should have remanded a matter instead of referring it. [download .pdf]
- May 24, 2012: A new article was added to the Article Index page — James D. Ridgway, Changing Voices in a Familiar Conversation about Rules vs. Standards: Veterans Law at the Federal Circuit in 2011, 61 Am. U. L. Rev. 1175 (2012). [download .pdf]
- May 17, 2012: The Federal Circuit issued an opinion in Duchesneau v. Shinseki regarding when it will consider an appeal of a remand by the CAVC. [download .pdf]
- May 15, 2012: The Federal Circuit issued an opinion in Morris v. Shinseki regarding personality disorders and the presumption of sound condition. [download .pdf]
- May 10, 2012: The Federal Circuit heard oral argument in Gruen v. Shinseki regarding the evidence necessary to grant service connection for hearing loss. [listen here]
- May 10, 2012: The CAVC heard oral argument in Schmidt v. Shinseki regarding whether a rating decision may ever be non-final due to inaccuracies in the stated reasons. [listen here]
- May 9, 2012: The CAVC Bar Association has opened registration for its June 15, 2012 all-day CLE program on veterans law. [link to information and registration]
- May 9, 2012: The Federal Circuit heard oral argument in Dunlap v. Shinseki regarding VA's ability to bifurcate consideration of schedular and extraschedular ratings. [listen here]
- May 9, 2012: The Federal Circuit heard oral argument in Mayberry v. Shinseki regarding the nature of the line of duty presumption created by 38 U.S.C. § 105(a). [listen here]
- May 9, 2012: The Federal Circuit heard oral argument in Harriman v. Shinseki regarding when a CUE motion may be used to assert that a claim was raised but not adjudicated. [listen here]
- May 9, 2012: The CAVC heard oral argument in Vasquez-Flores v. Shinseki regarding the availability of EAJA fees when the Court remands on a basis not argued by the appellant. [listen here]
- May 8, 2012: The Federal Circuit heard oral argument in Cadoret v. Shinseki regarding the evidence necessary to rebut the presumption of sound condition [listen here]
- May 7, 2012: The Ninth Circuit issued an en banc decision in Veterans for Common Sense v. Shinseki reversing the panel decision and largely ordering the lawsuit dismissed for lack of jurisdiction. [download .pdf]
April 2012
- Apr. 26, 2012: The Senate Veterans Affairs Committee reported the nominations of Margaret Bartley and Coral Wong Pietsch for vacancies on the CAVC to the full Senate for a final confirmation vote. [link to Senate nominations page]
- Apr. 26, 2012: The Federal Circuit issued a decision in Githens v. Shinseki regarding the relevance of non-service-connected disabilities to a decision on TDIU. [download .pdf]
- Apr. 26, 2012: The CAVC heard oral argument in Rickett v. Shinseki regarding equitable tolling for a Notice of Appeal mailed to VA's Office of General Counsel. [listen here]
- Apr. 26, 2012: The Senate Veterans Committee posted testimony from its hearing yesterday — VA Mental Health Care: Evaluating Access and Assessing Care [link to hearing page]
- Apr. 25, 2012: The CAVC heard oral argument in Acevedo v. Shinseki regarding the meaning of "hostile military activity" for purposes of VA's recent changes to the PTSD stressor-verification regulations. [listen here]
- Apr. 19, 2012: The Federal Circuit opened registration for its judicial conference on May 17, 2012. [view program] [visit registration page]
- Apr. 19, 2012: The CAVC issued a published order in Briley v. Shinseki regarding the nature of a dismissal when an appellant dies without substitution. [download .pdf]
- Apr. 18, 2012: A new article was added to the Article Index page — James D. Ridgway, Equitable Power in the Time of Budget Austerity: The Problem of Judicial Remedies for Unconstitutional Delays in Claims Processing by Federal Agencies, 64 Admin. L. Rev. 57 (2012) [download .pdf]
- Apr. 18, 2012: The House Veterans Affairs Committee held a hearing — From the Inside Out: A Look at Claims Representatives' Role in the Disability Claims Process [link to House page for the hearing]
- Apr. 18, 2012: VA Repealed its prior rule change pursuant to its filing in Bryant v. Shinseki — Rules Governing Hearings Before the Agency of Original Jurisdiction and the Board of Veterans' Appeals; Repeal of Prior Rule Change, 77 Fed. Reg. 23138 (Apr. 18, 2012) [download .pdf]
- Apr. 18, 2012: The Federal Circuit issued a decision in Donnellan v. Shinseki regarding the circumstances in which it will hear an appeal of a remand by the CAVC. [download .pdf]
- Apr. 13, 2012: The CAVC released the audio from its oral argument on Wednesday in Bowen v. Shinseki regarding whether the opportunity for a Board hearing cures any prejudice from being improperly denied a hearing at the regional office level. [listen here]
- Apr. 12, 2012: The Federal Circuit issued a nonprecedential order in Tyrues v. Shinseki vacating the en banc decision of the CAVC and remanding the case for reconsideration in light of the Supreme Court's decision in Henderson v. Shinseki. [download .pdf]
- Apr. 11, 2012: The Federal Circuit issued a decision in Chandler v. Shinseki reversing an en banc decision of the CAVC regarding eligibility for a special monthly pension. [download .pdf]
- Apr. 10, 2012: The CAVC heard oral argument in Mason v. Shinseki regarding the procedures for an attorney to dispute entitlement to payment under a fee agreement. [listen here]
- Apr. 6, 2012: The fourth issue of the Veterans Law Review has been released online and added to the Article Index Page, including the following articles: Brianne Ogilvie and Emily Tamlyn, Coming Full Circle: How VBA Can Complement Recent Changes in DOD and VHA Policy Regarding Military Sexual Trauma, 4 Veterans L. Rev. 1 (2012) [download .pdf]; Jonathan Krisch, Judge, Jury and the Gate Keepter: vAdmitting and Weighing Expert Testimony in Veterans' Claims Adjudication and the Federal Courts, 4 Veterans L. Rev. 41 (2012) [download .pdf]; Allison Lin, Warning: Don't Drink the Water: An Examination of Appropriate Solutions for Veterans Exposed to Contaminated water at Marine Corps Base Camp Le Jeune, 4 Veterans L. Rev. 85 (2012) [download .pdf]; Simone Coyle, Amy Ishizawar, and Holly Seesel, The Medical Examiner as Factfinder: The Effect of the Lay Evidence Doctrine on VA's Duty to Assist in Securing Medical Nexus Opinions, 4 Veterans L. Rev. 131 (2012) [download .pdf]; Pamela Kravetz, Way Off Base: An Argument against Intimate Partner Violence Cases in Veterans Treatment Courts, 4 Veterans L. Rev. 162 (2012) [download .pdf]; and Hillary Bunker, Shera Finn, and Chaz Lehman, Reforming the Equal Access to Justice Act (EAJA) to Maximize Veterans' Receipt of Benefits and Increase Efficiency of the Claims Process, 4 Veterans L. Rev. 206 (2012) [download .pdf]
- Apr. 4, 2012: The Federal Circuit heard oral argument in Heino v. Shinseki regarding the validity of the regulation defining the copayment that VA collects from veterans for prescription medication. [listen here]
March 2012
- Mar. 28, 2012: The Senate Veterans Affairs Committee had a hearing on the nominations of Margaret Bartley and Coral Wong Pietsch to fill vacancies on the CAVC. [watch here]
- Mar. 28, 2012: The CAVC heard oral argument in Jernigan v. Shinseki regarding when an informal claim has been abandoned for failing to respond to a request to provide evidence. [listen here]
- Mar. 27, 2012: The CAVC heard oral argument in Horn v. Shinseki regarding the evidence necessary to rebut the presumption of sound condition. [listen here]
- Mar. 23, 2012: The Federal Circuit issued an opinion in Akers v. Shinseki regarding the criteria for an informal claim to reopen. [download .pdf]
- Mar. 21, 2012: The CAVC has released its annual report for FY2011. [download .pdf]
- Mar. 21, 2012: The Federal Circuit issued an opinion in Ebel v. Shinseki regarding its jurisdiction to hear an immediate appeal of a remand by the CAVC. [download .pdf]
- Mar. 9, 2012: The Federal Circuit heard oral argument in Germinaro v. Shinseki regarding the Federal Circuit's ability to review prevailing party status in an EAJA application [listen here] and Frederick v. Shinseki regarding the timeperiod for certain surviving spouses to apply for reinstatement of DIC benefits [listen here].
- Mar. 8, 2012: The Federal Circuit heard oral argument in Donnellan v. Shinseki regarding the Federal Circuit's ability to hear an appeal of a CAVC remand [listen here] and Soles v. Shinseki regarding the offset of a Federal Tort Claims Act settlement against an award of benefits under 38 U.S.C. § 1151 [listen here].
- Mar. 7, 2012: The Department of Justice has filed a motion in National Organization of Veterans Advocates, Inc. v. Department of Veterans Affairs, indicating that VA will withdraw the final rule promulgated in 76 Fed. Reg. 52,527 (Aug. 23, 2011), which abrogated the CAVC's decision in Bryant v. Shinseki [download .pdf].
- Mar. 7, 2012: The Federal Circuit heard oral argument in Gadash v. Shinseki regarding resolving doubt in disability ratings [listen here], Reeves v. Shinseki regarding substitution of a spouse during an appeal and regarding the interpretation of CUE motions [listen here], and Duchesneau v. Shinseki regarding the Federal Circuit's authority to hear an appeal of a remand by the CAVC [listen here].
- Mar. 6, 2012: The Federal Circuit heard oral argument in Greene v. Shinseki regarding EAJA requirement that a remand be predicated on agency error [listen here], and in Sindram v. Shinseki regarding the substance and notice of the provisions governing reimbursement of medical expenses [listen here].
February 2012
- Feb. 17, 2011: The Federal Circuit issued an opinion in Byron v. Shinseki regarding the CAVC's ability to reverse the Board in the absence of initial fact finding below. [download .pdf]
- Feb. 15, 2011: VA Secretary Shinseki testified before the House Veterans Affairs Committee regarding the president's FY2013 budget for the agency. [link to House page for hearing].
- Feb. 14, 2011: The Chairman of the BVA released his annual report to Congress for FY2011. Download a copy from the annual reports page.
- Feb. 14, 2012: The Independent Budget for FY2013 has been released. Download a copy from the Secondary Sources page.
- Feb. 14, 2012: The CAVC issued a decision in Perez v. Shinseki regarding the procedures for a claimant to change representatives during an appeal to the BVA. [download .pdf]
- Feb. 9, 2012: The House Veterans Affairs Committee held a hearing — Reforming VA's Flawed Fiduciary System [link to House page for hearing]
- Feb. 9, 2012: The Federal Circuit heard oral argument in Aspry v. Shinseki regarding the presumption of aggravation. [listen here]
- Feb. 8, 2012: The Federal Circuit heard oral argument in Kittrell v. Shinseki regarding standard of proof in a secondary service connection claim [listen here], Ruiz v. Shinseki regarding the presumption of aggrevation [listen here], and Ebel v. Shinseki regarding when a claimant may appeal a CAVC remand [listen here].
- Feb. 7, 2012: The Federal Circuit heard oral argument in Cole v. Shinseki regarding the availability of an earlier effective date when a claim is reopened with new military records [listen here] and Thompson v. Shinseki regarding the availability of EAJA fees for a joint motion for remand based upon Clemons v. Shinseki [listen here].
- Feb. 6, 2012: The Federal Circuit heard oral argument in Sturdivant v. Shinseki regarding whether the schedular ratings that qualify for TDIU are per se evidence of unemployability [listen here] and Barela v. Shinseki regarding the Federal Circuit's authority to review credibility determinations [listen here]. Sturdivant is Judge Wallach's first oral argument as a member of the Federal Circuit.
- Feb. 1, 2012: The CAVC issued an opinion in Burden v. Shinseki regarding the burden of proof for a claimant asserting that a common law marriage with a veteran existed. [download .pdf]
January 2012
- Jan. 25, 2012: The Senate Veterans Affairs Committee scheduled a hearing for March 28, 2012, to consider the nominations of Margaret Bartley and Coral Wong Pietsch to vacancies on the CAVC. [senate announcement]
- Jan. 24, 2012: The House Veterans Affairs Committee Subcommittee on Disability Assistance and Memorial Affairs held a hearing — Rating the Rating Schedule: The State of VA Disability Ratings in the 21st Century. [link to House page for hearing]
- Jan. 24, 2012: The CAVC heard oral argument in Briley v. Shinseki regarding the BVA's ability to use medical dictionaries to interpret the opinions provided by physicians. [listen here]
- Jan. 24 2012: The president nominated Constance B. Tobias to be Chairman of the BVA. [click here for the White House Press Release on Tobias's nomination] The nomination of Gloria Wilson Shelton to the CAVC was also withdrawn.
- Jan. 21, 2012: VA has released 70+ new Disability Benefits Questionnaires (DBQs) for use by private and VA physicians in providing evidence for benefits claims. For the full list, click here. For more information on DBQs, click here.
- Jan. 20, 2012: The Federal Circuit issued an opinion in National Organization of Veterans' Advocates v. Secretary of Veterans Affairs rejecting a direct, rulemaking challenge and upholding the validity of the revised version of 38 C.F.R. § 3.304(f) governing verification of PTSD stressors. [download .pdf]
- Jan. 19, 2012: VA has added 47 ships to the list of ships that were exposed to Agent Orange in Vietnam. Read the press release.
- Jan. 16, 2012: New article added to the Article Index page — Meagan E. Fassinger, Note, Striking a Better Compromise: Suggested Revisions to the Agent Orange Act of 1991, 21 Fed. Circuit B.J. 193 (2011).
- Jan. 10, 2012: The Federal Circuit heard oral argument in Razo v. Shinseki regarding the BVA's denial of a medical opinion on the basis of an adverse credibility finding [listen here], Morris v. Shinseki regarding personality disorder and the presumption of sound condition [listen here], and Sherfield v. Shinseki regarding the standard of proof in rating disabilities [listen here].
- Jan. 9, 2012: The Federal Circuit heard oral argument in MacKlem v. Shinseki regarding the proper remedy for claims denied through the extraordinary award review program invalidated by Purple Heart [listen here] and in Ross v. Shinseki regarding the relevance of the diagnostic codes governing hypertension to the determinations of whether the condition preexisted service and whether it was aggravated by service [listen here]
- Jan. 5, 2012: The CAVC issued an opinion in Quattlebaum v. Shinseki, regarding the possibility of reopening an accrued benefits claim with new and material evidence. [download .pdf]
- Jan. 3, 2012: The Federal Circuit issued an opinion in Guillory v. Shinseki regarding the operation of the special monthly compensation statute as it existed in 1967. [download .pdf]
- Jan 3, 2012: The National Academies Press released a new report — Cognitive Rehabilitation Therapy for Traumatic Brain Injury: Evaluating the Evidence. Download a free .pdf copy from the NAP website.