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 2012
- Dec. 27, 2012: The VA issued a notice — Presumption of Exposure to Herbicides for Blue Water Navy Vietnam Veterans Not Supported, 77 Fed.Reg. 76170 (Dec. 26, 2012) [download .pdf]
- Dec. 21, 2012: The Senate confirmed William S. Greenberg to the CAVC by unanimous consent. [link to Library of Congress webpage]
- Dec. 12, 2012: The Senate Veterans' Affairs Committee held a confirmation hearing on William S. Greenberg's nomination to the CAVC. [link to Senate hearing page]
- Dec. 12, 2012: A new proposed rule has been added to the Developing Sources page — Secondary Service Connection for Diagnosable Illnesses Associated With Traumatic Brain Injury, 77 Fed. Reg. 73366 (Dec. 10, 2012) [download .pdf]
- Dec. 11, 2012: The CAVC heard oral argument in Checo v. Shinseki regarding when homelessness can be an extraordinary circumstance to justify equitable tolling of the time in which to file a Notice of Appeal. [listen here]
- Dec. 7, 2012: The Senate Veterans' Affairs Committee scheduled a confirmation hearing for Wednesday December 12, 2012, for William S. Greenberg's nomination to the CAVC. [committee calendar website]
- Dec. 6, 2012: The CAVC heard oral argument in McNamee v. Shinseki regarding when an NOD may be filed by someone else on behalf of the claimant. [listen here]
- Dec. 5, 2012: The Federal Circuit issued an opinion in King v. Shinseki regarding the court's jurisdiction to review challenges to how the CAVC analyzes evidence issues. [download .pdf]
- Dec. 4, 2012: The Federal Circuit heard oral argument in Keyser v. Shinseki, Garcia v. Shinseki, and Evans v. Shinseki regarding the CAVC's denial of petitions for extraordinary relief in fiduciary appointment cases. [listen here]
- Dec. 4, 2012: The House Veterans Affairs Committee Subcommittee on Disability Assistance and Memorial Affairs held a hearing — Wading through Warehouses of Paper: The Challenges of Transitioning Veterans Records to Paperless Technology [link to House page for hearing]
- Dec. 3, 2012: The Federal Circuit heard oral argument Kyhn v. Shinseki regarding the CAVC's ability to consider evidence outside the record in determining whether the Secretary has a procedure that should be afforded the presumption of regularity. [listen here]
November 2012
- Nov. 28, 2012: The CAVC issued an opinion in Cameron v. Shinseki regarding an attorney's ability to charge a fee based upon an increased rating claim adjudicated by VA that is filed concurrently with an appeal of an original award of benefits that is being handled before the CAVC. [download .pdf]
- Nov. 21, 2012: The CAVC issued an opinion in Monzingo v. Shinseki regarding whether scientific reports received by VA are constructively before the BVA. [download .pdf]
- Nov. 20, 2012: The Federal Circuit issued an opinion in Pitts v. Shinseki addressing whether claimants have the right to effective assistance of counsel in appeals to the CAVC. [download .pdf]
- Nov. 16, 2012: The president nominated William Greenberg to the vacancy on the CAVC that expires on Jan. 1, 2013, if not filled. [link to White House press release]
- Nov. 15, 2012: The CAVC heard oral argument in El-Amin v. Shinseki regarding whether death benefits are available when the veteran's death is caused by alcoholism that is aggravated by a service-connected psychiatric condition. [listen here]
- Nov. 14, 2012: The CAVC heard oral argument in Bowers v. Shinseki regarding whether the presumption of service connection for ALS applies to a period of active duty for training. [listen here]
- Nov. 14, 2012: The CAVC issued an opinion in Copeland v. Shinseki regading the validity of the effective date chosen by Congress for 38 U.S.C. § 5121A. [download .pdf]
- Nov. 13, 2012: The CAVC heard oral argument in Clennan v. Shinseki regarding the procedures required when VA changes the payment status of a veteran who has already been declared incompetent. Audio will be added as soon as it is available.
- Nov. 9, 2012: The Federal Circuit issued an opinion in Youngman v. Shinseki regarding the power of a fiduciary to collect unpaid benefits on behalf of the veteran's estate. [download .pdf]
- Nov. 8, 2012: The Federal Circuit heard oral argument in Viegas v. Shinseki regarding the meaning of "hospital care" as used in 38 U.S.C. § 1151. [listen here]
- Nov. 7, 2012: The Federal Circuit heard oral argument in National Organization of Veterans Advocates v. Shinseki regarding whether withdrawing the recent change to 38 C.F.R. § 3.103 has mooted NOVA's rulemaking challenge [listen here]; Boyd v. Shinseki regarding whether the BVA has the jurisdiction to reach the merits of a claim after reversing a character of discharge determination [listen here]; and Warner v. Shinseki regarding the relationship between extraschedular consideration and TDIU [listen here].
October 2012
- Oct. 26, 2012: The CAVC issued an opinion in Jones v. Shinseki regarding how to weigh the effects of medication in rating a disability when the diagnostic code is silent on the issue. [download .pdf]
- Oct. 25, 2012: New report added to the Secondary Sources page — The Independent Budget group's Critical Issues for FY2014 [download .pdf]
- Oct. 25, 2012: The CAVC heard oral argument in Andrews v. Shinseki regarding whether a 17 year delay in deciding a claim for vocational rehabilitation benefits can extend the deadline for using them. [listen here]
- Oct. 24, 2012: The CAVC issued a decision in Gilbert v. Shinseki regarding when the presumption of soundness applies. [download .pdf]
- Oct. 17, 2012: A new final regulation has been added to the Developing Sources page — Extension of Statutory Period for Compensation for Certain Disabilities Due to Undiagnosed Illnesses and Medically Unexplained Chronic Multi-Symptom Illnesses, 77 Fed. Reg. 63225 (Oct. 16, 2012) [download .pdf]
- Oct. 16, 2012: The CAVC issued an opinion in Procopio v. Shinseki regarding a Board member's duty under 38 C.F.R. § 3.103(c)(2) to explain the issues in a claim during a hearing. [download .pdf]
- Oct. 10, 2012: The CAVC heard oral argument in Monzingo v. Shinseki regarding when general medical reports are constructively part of the record to be considered by the BVA. [listen here]
- Oct. 9, 2012: The Federal Circuit has posted the audio for its Oct. 2 oral arguments last week in Colorado and the CAVC posted the audio for its Oct. 2 oral arguments in Connecticut. The links have been added below.
- Oct. 5, 2012: The Federal Circuit heard oral argument in White v. Shinseki regarding whether a prior version of the benefit-of-the-doubt regulation articulated a different standard than the current version. [listen here]
- October 4, 2012: The Federal Circuit heard oral argument in Pitts v. Shinseki regarding whether a VA decision may be challenged for ineffective assistance of counsel. [listen here]
- Oct. 2, 2012: The Federal Circuit heard oral argument in Burton v. Shinseki regarding rating limitation of motion in multiple directions [listen here] and McBeth v. Shinseki in Colorado regarding the subsuming of prior decisions [listen here]. Summaries and audio will be added as soon as they are available.
- Oct. 2, 2012: The CAVC heard oral argument in Young v. Shinseki regarding access to VA quality assurance records in 38 U.S.C. § 1151 claims [listen here] and Copeland v. Shinseki regarding the CAVC's ability to declare a statute unconstitutional [listen here]. Both arguments were held in New Haven, Connecticut.
September 2012
- Sept. 22, 2012: New article added to the Article Index page — David Kimball Stephenson, Note, Economics and Austerity Relative to Veterans' Claims and the Veterans Appeal Process, 211 Mil. L. Rev. 179 (2012)
- Sept. 22, 2012: A cert. petition has been filed in Veterans for Common Sense v. Shinseki, 678 F.3d 1013 (9th Cir. 2012) [download .pdf]
- Sept. 22, 2012: New report added to the GAO Reports page — GAO-12-846, Actions Needed to Address Hurdles Facing Program Modernization (Sept. 10, 2012) [download .pdf]
- Sept. 22, 2012: Two new hearings added to the House hearings page — Breaking Through the Backlog: Evaluating the Effectiveness of the New State Strike Force Team, Sept. 21, 2012 [link to House page for hearing]; Veterans Affairs in the 112th Congress: Reviewing VA's Performance and Accountability, Sept. 20, 2012 [link to the House page for hearing]
- Sept. 22, 2012: New book added to the PTSD page — Barry R. Schaller, Veterans on Trial: The Coming Court Battles over PTSD (2012)
- Sept. 22, 2012: New proposed regulation added to the Developing Sources page — Disease Associated With Exposure to Certain Herbicide Agents: Peripheral Neuropathy, 77 Fed. Reg. 47795 (Aug. 10, 2012) [download .pdf]
- Sept. 22, 2012: New notice added to the Agent Orange page — Determinations Concerning Illnesses Discussed in National Academy of Sciences Report: Veterans and Agent Orange: Update 2010, 77 Fed. Reg. 47924 (Aug. 10, 2012) [download .pdf]
- Sept. 12, 2012: The CAVC heard oral argument in Solze v. Shinseki regarding VA's procedures for appointing a fiduciary for an incompetent veteran. [listen here]
- Sept. 12, 2012: New article added to the Article Index page — Michael P. Allen, Due Process and the American Veteran: What the Constitution Can Tell Us about the Veterans' Benefits System, 80 U. Cin. L. Rev. 501 (2012) [available here]
- Sept. 6, 2012: The Federal Circuit heard oral argument in Walker v. Shinseki regarding the use of lay evidence to prove continuity of symptomotology. [listen here]
August 2012
- Aug. 23, 2012: The CAVC issued an en banc decision in Tyrues v. Shinseki on remand from the Federal Circuit for reconsideration in light of Henderson v. Shinseki. [download .pdf]
- Aug. 18, 2012: The Federal Circuit issued an opinion in Hillyard v. Shinseki regarding the validity of the regulation limiting claimants to one CUE motion as to a Board decision on a claim. [download .pdf]
- Aug. 17, 2012: The CAVC issued an opinion in Cline v. Shinseki regarding the retroactivity of 38 C.F.R. § 3.156(c)(2). [download .pdf]
- Aug. 9, 2012: The Federal Circuit held oral argument on Jackson v. Shinseki regarding the weight due to an opinion from a physician's assistant. [listen here]
- Aug 7, 2012: The Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 was signed into law yesterday. See the entry below to download a copy.
- Aug. 1, 2012: H.R. 1627 ("Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012") has now passed Congress and is headed to the White House for a signature. Title V contains several notable modifications to the adjudication process. [download .pdf]
July 2012
- July 31, 2012: The CAVC issued opinions in Mason v. Shinseki regarding the time period in which to file an NOD as to an attorney fee dispute [download .pdf] and Vasquez-Flores v. Shinseki regarding the reasonableness of EAJA fees when the Court remands for an error that was not argued by the appellant [download .pdf].
- July 26, 2012: The CAVC heard oral argument in Cameron v. Shinseki regarding an attorney's ability to charge a fee for assistance with new proceedings at the regional office level after previously assisting a claimant before the CAVC regarding the same condition. [listen to part 1 here] [listen to part 2 here].
- July 26, 2012: Three articles were added to the Article Index Page — Robert G. Moering, Military Service Records: Searching for the Truth, 4 Psych. Injury & L. 217 (2011); Mark D. Worthen and Robert G. Moering, A Practical Guide to Conducting VA Compensation and Pension Exams for PTSD and Other Mental Disorders, 4 Psych. Injury & L. 187 (2011); and James D. Ridgway, Mind Reading and the Art of Drafting Medical Opinions in Veterans Benefits Claims, 5 Psych. Injury & L. 72 (2012).
- July 20, 2012: The Senate has passed H.R. 1627 ("Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012"). The bill now returns to the House for a vote on the amended version. Title V contains several notable modifications to the adjudication process. [download .pdf]
- July 11, 2012: The Federal Circuit heard oral argument in Chism v. Shinseki regarding the meaning of "immediate and proximate" cause of death. [listen here]
- July 10, 2012: The Federal Circuit heard oral argument in the combined cases of Deloach v. Shinseki and Greene v. Shinseki regarding the CAVC's power to reverse BVA decisions for clear error. [listen here]
- July 9, 2012: The CAVC issued an opinion in Acevedo v. Shinseki regarding whether the new PTSD regulations regarding "hostile military activity" apply to claims based upon assaults by fellow servicemembers. [download .pdf]
- July 9, 2012: The Federal Circuit heard oral argument in Youngman v. Shinseki regarding whether a fiduciary can collect accrued benefits after the death of a veteran to distribute the money to heirs that would otherwise not qualify to collect such benefits. [listen here]
- July 3, 2012: The Federal Circuit issued an opinion in Frederick v. Shinseki regarding the eligibility of remarried widows for DIC benefits. [download .pdf]
- July 3, 2012: New article added to the Article Index page — Katherine Dubyak, Note, Close, But No Cigar: Recent Changes to the Stressor Verification Process for Veterans with Post-Traumatic Stress Disorder and Why the System Remains Insufficient, 21 Fed. Circuit B.J. 655 (2012).