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.
December 2010
- Dec. 13, 2010: The CAVC issued an opinion in Cogburn v. Shinseki regarding the application of the pending, unadjudicated claim doctrine. [download .pdf]
- Dec. 10, 2010: The Supreme Court has released the audio of Monday's argument in Henderson v. Shinseki. [listen to MP3] [listen to .wma]
- Dec. 9, 2010: The CAVC heard oral argument in Locklear v. Shinseki regarding when entitlement to TDIU has been raised and adjudicated. [listen here]
- Dec. 8, 2010: The CAVC heard oral argument in Ervin v. Shinseki regarding whether new PTSD regulations apply retroactively to cases pending at the court. [listen here]
- Dec. 7, 2010: The CAVC heard oral argument in Bartlett v. Shinseki regarding VA's duty to protect veterans from other patients while being treated in a secure psychiatric facility. [listen here]
- Dec. 6, 2010: The Supreme Court heard oral argument in Henderson v. Shinseki regarding the availability of equitable tolling for untimely appeals to the CAVC. Audio of the oral argument should be available late Friday. In the meantime, you can download a .pdf of the transcript here.
November 2010
- Nov. 24, 2010: New Article added to the Article Index page — Rory E. Riley, Simplify, Simplify, Simplify — An Analysis of Two Decades of Judicial Review in the Veterans' Benefits Adjudication System, 113 W. Va. L. Rev. 67 (2010) [download .pdf]
- Nov. 23, 2010: The CAVC heard oral argument in Frederick v. Shinseki regarding benefits for surviving spouses that remarry. [listen here]
- Nov. 19, 2010: The CAVC issued an opinion in Thompson v. Shinseki regarding EAJA fees for cases terminated by a joint motion for a remand. [download .pdf]
- Nov. 17, 2010: VA issued a new proposed regulation — Presumptive Service Connection for Diseases Associated With Persian Gulf War Service: Functional Gastrointestinal Disorders, 75 Fed. Reg. 70162. Download .pdf from the Developing Sources page.
- Nov. 17, 2010: The CAVC issued an opinion in Donnellan v. Shinseki regarding claims based on aggravation of a condition during a period of active duty for training. [download .pdf]
- Nov. 15, 2010: The CAVC issued an opinion in Vogan v. Shinseki regarding ratings by analogy and the Court's determination of whether an error was prejudicial. [download .pdf]
- Nov. 12, 2010: New Article added to the Article Index page — James D. Ridgway, The Veterans' Judicial Review Act Twenty Years Later: Confronting the New Complexities of Veterans Benefits System, 66 NYU Ann. Surv. Am. Law 251 (2010) [download .pdf]
- Nov. 9, 2010: The Independent Budget group has released its report on Critical Issues for FY2012. Download a copy from the Secondary Sources page. Nov. 9, 2010: The CAVC issued an opinion in Fithian v. Shinseki regarding when a misfiled NOA can be considered a motion for Board reconsideration. [download .pdf]
- Nov. 3, 2010: The CAVC issued an opinion in Savage v. Shinseki regarding VA's duty to clarify an ambiguous private medical record. [download .pdf]
- Nov. 3, 2010: The CAVC issued an opinion in Tatum v. Shinseki regarding the prostate cancer rating provisions. [download .pdf]
- Nov. 3, 2010: The Federal Circuit heard oral argument in Kokesh v. Shinseki. [listen here].
- Nov. 3, 2010: The CAVC heard oral argument at the John Marshall Law School in Chicago in Buczynski v. Shinseki. [audio not yet available]
- Nov. 2, 2010: The CAVC issued an opinion in Shade v. Shinseki regarding the proper interpretation of the new and material evidence standard. [download .pdf]
October 2010
- Oct. 26, 2010: The CAVC heard oral argument in Hillyard v. Shinseki regarding the meaning of "issue," "claim," and "theory," as they pertain to limitations on successive CUE motions. [listen here]
- Oct. 22, 2010: VA issued a new proposed regulation — Schedule for Rating Disabilities; AL Amyloidosis (Primary Amyloidosis), 75 Fed. Reg. 65279 (Oct. 22, 2010). Download .pdf from the Developing Sources page.
- Oct. 22, 2010: The CAVC issued an opinion in Vazquez-Flores v. Shinseki regarding VCAA notice errors. [download .pdf]
- Oct. 15, 2010: The Veterans Benefits Act of 2010 has been signed into law. Download a copy from the Developing Sources page.
- Oct. 5, 2010: The Federal Circuit heard oral argument in Caldwell v. Shinseki, [listen here], Latsch v. Shinseki, [listen here], and McDowell v. Shinseki, [listen here].
- Oct. 5, 2010: New article added to the Article Index page — Contessa M. Wilson , Note, Saving Money, Not Lives: Why The VA's Claims Adjudication System Denies Due Process To Veterans with Post-Traumatic Stress Disorder and How the VA Can Avoid Judicial Intervention, 7 Ind. Health L. Rev. 157 (2010)
- Oct. 4. 2010: The Federal Circuit heard oral argument in Parrish v. Shinseki. [listen here]
September 2010
- Sept. 29, 2010: New articles added to the Article Index page — Mark Duggan, et al., Federal Policy and the Rise in Disability Enrollment: Evidence for the Veterans Affairs' Disability Compensation Program, 53 J. Law & Econ. 379 (2010) and Christopher Weiser, Guaranteeing Health Benefits for America's Wounded Soldier: Closing the Pre-Existing Personality Disorder Loophole, 20 Fed. Circuit B.J. 101 (2010).
- Sept. 29, 2010: VA issued a new final regulation — Presumptions of Service Connection for Persian Gulf Service, 75 Fed. Reg. 59968 (Sept. 29, 2010). Download .pdf from the Developing Sources page.
- Sept. 28, 2010: The CAVC issued a decision in Simmons v. Shinseki. [download .pdf]
- Sept. 23, 2010: Senate hearing: VA Disability Compensation: Presumptive Disability Decision-Making. Testimony available here.
- Sept. 16, 2010: House hearing: Examining Training Requirements of Veterans Benefits Administration Claims Processing Personnel. Testimony available here.
- Sept. 16, 2010: New GAO report released and available on the GAO Reports page: No. GAO-10-1029T Training for Experienced Disability Claims Processors (September 16, 2010)
- Sept. 15, 2010: House hearing: Personality Disorders Discharges: Impact on Veterans' Benefits. Testimony available here.
- Sept. 15, 2010: New GAO report released and available on the GAO Reports page: No. GAO-10-1013T, Defense Health Care: Status of Efforts to Address Lack of Compliance with Personality Disorder Separation Requirements (Sept. 15, 2010)
- Sept. 14, 2010: The Federal Circuit issued an opinion in Jones v. Shinseki regarding of administrative appeals that are left pending. [download .pdf]
- Sept. 10, 2010: The Federal Circuit issued an opinion in Wanless v. Shinseki regarding reduced benefits for incarcerated veterans. [download .pdf]
- Sept. 10, 2010: The Federal Circuit heard oral argument in Wilcox v. Shinseki regarding the timeliness of an effective date challenge. [listen here]
- Sept. 9, 2010: The CAVC heard oral argument in Harvey v. Shinseki regarding a petition to enforce a CAVC remand decision. [listen here]
- Sept. 9, 2010: The Federal Circuit heard oral argument in Tyrues v. Shinseki regarding VA's ability to separately adjudicate different theories within a single claim. [listen here]
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]
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]