Latest Developments and Additions
May 2022
- May 5, 2022: The Federal Circuit heard oral argument in Bowling v. McDonough regarding the validity of VA's definition of "insanity." [listen here]
- May 4, 2022: The Federal Circuit heard oral argument in Sheppard v. McDonough regarding whether the Board must give notice before dismissing an appeal for lack of new and material evidence [listen here] and Henderson v. McDonough regarding when the CAVC must consider a statutory interpretation argument as part of a CUE motion [listen here].
- May 3, 2022: The CAVC heard oral argument in Clark v. McDonough regarding whether a veteran can appeal a Board remand for further deveopment where the veteran unambiguously waived the duty to assist. [listen here] [watch here]
- May 2, 2022: The CAVC issued an opinion in Aviles-Rivera v. McDonough regarding whether the Board must take notice of the 11th NAS Update in an AMA appeal where the report was issued after the record closed. [download .pdf]
- May 2, 2022: The Federal Circuit heard oral argument in Long v. McDonough regarding when referal for consideration of an extraschedular rating is appropriate. [listen here]
April 2022
- Apr. 26, 2022: New article added to the Article Index page --- Caleb R. Stone, Making the Best from a Mess: Mental Health, Misconduct, and the "Insanity Defense" in the VA Disability Compensation System, 90 UMKC L. Rev. 661 (2022).
- Apr. 19, 2022: The Supreme Court heard oral argument in George v. McDonough regarding when a change in statutory interpretation can support clear and unmistakable error motion. [listen here]
- Apr. 19, 2022: The Federal Circuit heard oral argument in Groves v. McDonough regarding how VA should respond to a veteran's request not to adjudicate a claim indefinitely. [listen here]
- Apr. 19, 2022: The CAVC heard oral argument in Stevenson v. McDonough regarding the meaning of "additional disability" under 38 U.S.C. § 1151 [listen here] [watch here]
- Apr. 14, 2022: The CAVC heard oral arguments in Frantzis v. McDonough regarding whether a VLJ who holds a hearing under the AMA must be the one who decides the case. [listen here] [watch here]
- Apr. 11, 2022: The CAVC issued an opinion in Rivera-Colon v. McDonough regarding rating gastritis. [download .pdf]
- Apr. 7, 2022: The Federal Circuit heard oral argument in Skaar v. McDonough regarding the CAVC's authority to certify a class of appellants [listen here] and Koopmans v. McDonough regarding showing CUE in the application of a rebuttable presumption [listen here].
- Apr. 6, 2022: The Federal Circuit heard oral argument in Billie v. McDonough regarding the meaning of "reconsideration" under 38 C.F.R. § 3.156(c). [listen here]
- Apr. 5, 2022: The CAVC heard oral argument in Stover v. McDonough regarding exposure to herbicides in Thailand. [listen here] [watch here]
- Apr. 5, 2022: The Federal Circuit heard oral argument in Webber v. McDonough regarding the meaning of "regulation of activities" for purposes of rating diabetes. [listen here]
- Apr. 4, 2022: The Federal Circuit heard oral argument in Jordan v. McDonough regarding the CAVC's authority to consider whether an error was prejudicial. [listen here]
March 2022
- Mar. 31, 2022: New articles added to the
Article
Index page ---
Yelena Duterte, Duty To Impair: Failure to Adopt the Federal Rules of Evidence Allows the VA to Rely on Incompetent Examiners and Inadequate Medical Examinations, 90 UMKC L. Rev. 511 (2022) and Caleb R. Stone, Making the Best From a Mess: Mental Health, Misconduct, and the “Insanity Defense” in the VA Disability Compensation System, 90 UMKC L. Rev. 661 (2022).
- Mar. 30, 2022: The Federal Circuit issued an opinion in Slaughter v. McDonough regarding how the CAVC should evaluate whether an error was prejudicial. [download .pdf]
- Mar. 29, 2022: The CAVC heard oral argument in Krenz v. McDonough regarding the reviewability of a letter from the Board dismissig an appeal as untimely. [listen here] [watch here]
- Mar. 25, 2022: The Federal Circuit issued an opinion in Veteran Warriors, Inc. v. Secretary of Veterans Affairs regarding the validity of VA's caregiver program regulations. [download .pdf]
- Mar. 24, 2022: New article added to the Article Index page --- Max W. Yarus, The Uncharted Waters of Veterans Class Actions, 9 Stetson J. Advoc. & L. 115 (2022). [read here].
- Mar. 24, 2022: The CAVC heard oral argument in Wallman v. McDonough regarading when separate ratings are available for knee symptoms [watch here] [listen here]
- Mar. 17, 2022: The Federal Circuit issued an opinion in Wolfe v. McDonough regarding the CAVC's authority to certify a class actdion. [download .pdf]
- Mar. 16, 2022: The CAVC heard oral argument in Craig-Davidson v. McDonough regarding equitable tolling for a substitute appellant. [watch here] [listen here]
- Mar. 15, 2022: The Federal Circuit issued an opinion in Martinez-Bodon v. McDonough regarding whether undiagnosed mental health symptoms can be a disability. [download .pdf]
- Mar. 10, 2022: The Federal Circuit heard oral argument in Kennedy v. McDonough regarding what VA policy documents are binding on the agency. [listen here]
- Mar. 7, 2022: The CAVC issued an opinion in Hayes v. McDonough regarding when waiver of a debt is barred due to misrepresentation by the claimant. [download .pdf]
- Mar. 3, 2022: The CAVC issued an opinion in Gumpenberger v. McDonough regarding interpreting the scope of an attorney fee agreement. [download .pdf]
February 2022
- Feb. 28, 2022: The CAVC issued an opinion in Bareford v. McDonough regarding who can file for a memorial headstone for a veteran. [download .pdf]
- Feb. 23, 2022: New article added to the Article Index page --- T. Nelson Collier, Honor of a Nation: Against the Veterans’ Legal Disability, 9 Nat’l Sec. L.J. 43 (2022) [download .pdf]
- Feb. 23, 2022: The CAVC issued an opinion in Fuller v. McDonough regarding standing to dispute an apportionment decision. [download .pdf]
- Feb. 22, 2022: The Supreme Court granted certiorari in Arellano v. McDonough on the question: "Does Irwin v. Department of Veterans Affairs's, 498 U.S. 89, 95-96 (1990), rebuttable presumption of equitable tolling apply to the one-year statutory deadline in 38 U.S.C. § 5110(b)(1) for seeking retroactive disability benefits, and, if so, has the Government rebutted that presumption?"
- Feb. 22, 2022: The CAVC heard oral argument in Cowen v. McDonough regarding the decision notice requirements under the AMA. [listen here] [watch here]
- Feb. 15, 2022: VA published two new proposed rules — Schedule for Rating Disabilities: Ear, Nose, Throat, and Audiology Disabilities; Respiratory System; Special Provisions Regarding Evaluation of Respiratory Conditions, 87 Fed. Reg. 8,474 (Feb. 15, 2022) [download .pdf] and Schedule for Rating Disabilities: Mental Disorders, 87 Fed. Reg. 8,498 (Feb. 15, 2022) [download .pdf]
- Feb. 14, 2022: The CAVC issued an opinion in Veterans Legal Advocacy Group v. McDonough regarding mootness in petitions for extraordinary relief. [download .pdf]
- Feb. 10, 2022: The Federal Circuit heard en banc oral argument in Taylor v. McDonough regarding the availability of equitable estoppel against the government for constitutional violations. [listen here]
- Feb. 10, 2022: New article added to the Article Index page --- James Heaney, Note, Enlisting Support: Ensuring That Veterans Disabled By Service-Related Mental Illnesses Receive The Help They Deserve, 30 Fed. Circuit B.J. 193 (2022).
- Feb. 7, 2022: The Independent Budget Group has released its budget recommendations for VA for Fiscal Years 2023 and 2024. [download .pdf]
- Feb. 7, 2022: The Federal Circuit heard oral argument in Robinson v. McDonough regarding the applicability of the law-of-the-case doctrine to VA decisions [listen here] and Sundbakken v. McDonough regarding the test to determine whether a prior exposure claim is related to a more recent exposure claim for Nehmer purposes [listen here].
- Feb. 3, 2022: The CAVC issued a decision in Barry v. McDonough regarding intermediate half-step increases for special monthly compensation. [download .pdf]
- Feb. 3, 2022: The CAVC heard oral argument in Braddy v. McDonough regarding the jurisdictional relationship between a rating increase appeal and a severence decision. [listen here] [watch here]
January 2022
- Jan. 26, 2022: The CAVC issued a decision in Wilson v. McDonough regarding issues within the scope of the Board's jurisdiction. [download .pdf]
- Jan. 20, 2022: The Federal Circuit issued an opinion in Gurley v. McDonough regarding retroactive reduction of benefits based upon incarceration. [download .pdf]
- Jan. 19, 2022: The CAVC heard oral argument in Gumpenberger v McDonough regarding the scope of attorney representation. [listen here] [watch here]
- Jan. 14, 2022: The Supreme Court granted certiorari in George v. McDonough on the question: “When the Department of Veterans Affairs (VA) denies a veteran’s claim for benefits in reliance on an agency interpretation that is later deemed invalid under the plain text of the statutory provisions in effect at the time of the denial, is that the kind of ‘clear and unmistakable error’ that the veteran may invoke to challenge VA’s decision?”
- Jan. 14, 2022: The CAVC issued a precedential order in Page v. McDonough regarding whether records constructively before the Board may be added to the Record before the agency [download .pdf] and an opinion in Constantine v. McDonough regarding the Court's abiltiy to review the scope of the Nehmer class [download .pdf]
- Jan. 11, 2022: VA published a new proposed rule — Schedule for Rating Disabilities: The Digestive System, 87 Fed. Reg. 1,522 (Jan. 11, 2022). [download .pdf]
- Jan. 11, 2022: The Federal Circuit issued an opinion in Breland v. McDonough regarding the assignment of retroactive ratings for cancer residuals. [download .pdf]
- Jan. 11, 2022: The CAVC heard oral argument in Stiles v. McDonough regarding when the Court has jurisdiction over the Board's refusal to refer a claim to the regional office. [listen here] [watch here]
- Jan. 11, 2022: The Federal Circuit heard oral argument in Alaniz v. McDonough regarding the CAVC's duty to consider prejedicial error. [listen here]
- Jan. 10, 2022: The Federal Circuit heard oral argument in Stephens v. McDonough regarding regarding the validity of VA's rules regarding service connection for PTSD based upon in service assualt [listen here] and Slaughter v. McDonough regarding rating the combination of a service-connected disability and a non-service-connected disability [listen here].
December 2021
- Dec. 20, 2021: The CAVC issued an opinion in Wilson v. McDonough regarding rating hypertension. [download .pdf]
- Dec. 17, 2021: The Federal Circuit issued a partially en banc opinion in Lynch v. McDonough regarding the benefit of the doubt. [download .pdf]
- Dec. 16, 2021: The CAVC issued an opinion in Petite v. McDonough regarding CHAMPVA eligibility for dependants. [download .pdf]
- Dec. 14, 2021: The CAVC heard oral argument in Jalbert v. McDonough regarding rating diabetes. [listen here] [watch here]
- Dec. 10, 2021: The Federal Circuit heard oral argument in Bonner v. McDonough regarding collateral attacks on cause-of-death determinations. [listen here]
- Dec. 9, 2021: The Federal Circuit heard oral argument in Gurley v. McDonough regarding creation of debts based upon incarceration [listen here], NOVA v. Secretary of Veterans Affairs regarding rating knee replacements [listen here], Military Veterans Advocacy v. Secretary of Veterans Affairs regarding the implimentaton of the Blue Water Navy Veterans Act [listen here], Veterans of Foreign Wars v. Secretary of Veterans Affairs regarding the recission of the 48-hour rule [listen here], Military Veterans Advocacy v. Secretary of Veterans Affairs regarding VA's rules for determining exposure to Agent Orange outside of Vietnam [listen here].
- Dec. 8, 2021: The Federal Circuit heard oral argument in Veteran Warriors, Inc. v. Secretary of Veterans Affairs regarding the validity of VA's caregiver regulations. [listen here]
- Dec. 7, 2021: The Federal Circuit heard oral argument in Wolfe v. McDonough regarding the CAVC's class action powers. [listen here]
- Dec. 6, 2021: The CAVC heard oral argument in Hayes v. McDonough regarding the meaning of "misrepresentation." [listen here] [watch here]
- Dec. 3, 2021: New article added to the Article Index page --- Matthew D. Handley, Note, A Flawed Assumption: Why The U.S. Court Of Appeals For Veterans Claims Should Abandon Its Presumption Against The Certification Of Class Actions, 52 Seaton Hall L. Rev. 281 (2021).
November 2021
- Nov. 19, 2021: The CAVC issued and opinion in Snider v. McDonough regarding referal for consideration of extraschedular TDIU. [download .pdf]
- Nov. 5, 2021: The Federal Circuit heard oral argument in Way v. McDonough regarding the proper interpretation of the pre-1996 mental health rating criteria. [listen here]
- Nov. 4, 2021: The Federal Circuit heard oral argument in Jones v. McDonough regarding when an intervening decision denies a pending claim [listen here] and McCartney v. McDonough regarding substantial compliance when the Board orders an exam by a specialist [listen here].
- Nov. 3, 2021: The Federal Circuit heard oral argument in Martinez-Boden v. McDonough regarding compensation for undiagnosed mental health symptoms [listen here] and Cerana v. McDonough regarding issue exhaustion [listen here].
- Nov. 2, 2021: The Federal Circuit heard oral argument in Gardner-Dickson v. McDonough regarding the CAVC's authority to hear an appeal of a Board remand. [listen here]
- Nov. 1, 2021: The Federal Circuit heard oral argument in Loyd v. McDonough regarding the interpretation of a Federal Circuit remand order. [listen here]
October 2021
- Oct. 29, 2021: The CAVC heard oral argument in Veterans Legal Advocacy Group v. McDonough regarding whether a writ of mandamus is appropriate to correct VA's chronic inability to correctly address mail to a law firm. [listen here] [watch here]
- Oct. 25, 2021: The CAVC heard oral argument in Barry v. McDonough regarding whether 38 C.F.R. § 3.350(f)(3) permits multiple intermediate ratings. [listen here] [watch here]
- Oct. 22, 2021: The CAVC heard oral argument in Love v. McDonough regarding whether the veteran's disability payment should be reduced while he contests his rating reduction. [listen here] [watch here]
- October 20, 2021: The CAVC issued an opinion in Foster v. McDonough regarding whether a lower rating after prostate cancer ceases is entitled to the ordinary procedures for rating reductions. [download .pdf]
- October 18, 2021: The CAVC issued an opinion in Hall v. McDonough regarding whether a veteran's failure to use the correct NOD form is a jurisdictional defect. [download .pdf]
- Oct. 12, 2021: The CAVC heard oral argument in Rivera-Colon v. McDonough regarding whether a veteran's choice to opt into the AMA process affects what evidence is constructively before the Board. [listen here] [watch here]
- Oct. 8, 2021: The Federal Circuit issued an opinion in Philbrook v. McDonough regarding whether commitment after a finding of not guilty by reason of insanity is equivalent to incarcertion after felony conviction for purposes of reducing benefits. [download .pdf]
- Oct. 8, 2021: The Federal Circuit heard oral argument in Gay v. McDonough regarding when an issue is reasonably raised by the record. [listen here]
- Oct. 7, 2021: The Federal Circuit heard oral argument in Breland v. McDonough regarding the retroactive application of DC 7343. [listen here]
- Oct. 6, 2021: The Federal Circuit heard oral argument in Galviz v. McDonough regarding the CAVC's rules requiring arguments to be sufficiently raised in briefing [listen here], and D'Amico v. McDonough how to rate scars [listen here].
- Oct. 5, 2021: The Federal Circuit heard oral argument in Cook v. McDonough regarding the application of Lang v. Wilkie to pending cases. [listen here]
- Oct. 4, 2021: The Federal Circuit heard oral argument in Hayes v. McDonough regarding exposure to herbicides in the Korean DMZ. [listen here]
- Oct. 3, 2021: New article added to the Article Index page --- James Heaney, Enlisting Support: Ensuring that Veterans Disabled by Service-Related Mental Illnesses Receive the Help They Deserve, 30 Fed. Cir. B.J. 193 (2021).
- Oct. 1, 2021: The CAVC heard oral argument in Petiti v. McDonough regarding the scope of CHAMPVA benefits for dependents. [listen here] [watch here]
September 2021
- Sept. 30, 2021: VA published two new final rules — Schedule for Rating Disabilities; The Genitourinary Diseases and Conditions, 86 Fed. Reg. 54,081 (Sept. 30, 2021) [download .pdf], Schedule for Rating Disabilities: The Cardiovascular System, 86 Fed. Reg. 54,089 (Sept. 30, 2021) [download .pdf].
- Sept. 14, 2021: The CAVC issued an opinion in Spicer v McDonough regarding Allen aggrevation based upon the inability to treat. [download .pdf]
- Sept. 14, 2021: VA published a new interim final rule — Extension of the Presumptive Period for Compensation for Persian Gulf War Veterans, 86 Fed. Reg. 51,000 (Sept. 14, 2021). [download .pdf]
- Sept. 10, 2021: The CAVC heard oral argument in Aviles-Rivera v. McDonough regarding how the constructive possession doctrine interacts with the AMA. [listen here] [watch here]
- Sept. 1, 2021: The Federal Circuit heard oral argument in Cameron v. McDonough regarding when an attorney may charge fees for representation. [listen here]
August 2021
- Aug. 30, 2021: The Federal Circuit heard oral argument in Philbrook v. McDonough regarding whether benefits are reduced when a veteran is confined for a crime after being found not guilty by reason of insanity. [listen here]
- Aug. 26, 2021: The Federal Circuit issued an opinion in Larson v. McDonough regarding whether obesity is a disability. [download .pdf]
- Aug. 26, 2021: The CAVC issued a precendential order in Dolbin v. McDonough regarding the affect of opting into RAMP on an appellant's Board docket number. [download .pdf]
- Aug. 25, 2021: The CAVC issued a precedential order in Furtick v. McDonough regarding when the court may certify a class to address a procedural issue at the regional office level. [download .pdf]
- Aug. 12, 2021: The CAVC heard oral argument in Wells v. McDonough regarding what constitutes a contested claim. [listen here] [watch here]
- Aug. 10, 2021: The CAVC issued an opinion in Nailos v. McDonough regarding the proper effective date for aid and attendnece benefits for survivors. [download .pdf]
July 2021
- Jul. 22, 2021: The Federal Circuit issued an order withdrawing it June 30, 2021, opinion in Taylor and referring the case for en banc consideration. [download .pdf]
- Jul. 22, 2021: New articles added to the Article Index page --- Jeffrey D. Parker, As a Matter of Fact: Reasserting the Role of Basic Facts in Veterans Court Jurisprudence, 65 St. Louis U. L.J. (2021), Taylor C. Spillers, Fighting the FTCA: Medical Malpractice, Veterans, and the VA, 74 Ark. L. Rev. 333 (2021).
- Jul. 20, 2021: The CAVC heard oral argument in Foster v. McDonough regarding rating reductions. [listen here] [watch here]
- Jul. 15, 2021: The Federal Circuit issued an opinion in Tadlock v. McDonough regarding the CAVC's authority to find fact when ruling whether an error was prejudicial. [download .pdf]
- Jul. 9, 2021: The CAVC heard oral argument in Davis v. McDonough regarding medical treatment records may trigger [listen here] [watch here]
- Jul. 8, 2021: The Federal Circuit issued an opinin in Rudisill v. McDonough regarding combining educational benefits. [download .pdf]
- Jul. 8, 2021: The Federal Circuit heard oral argument in Clarke v. McDonough regarding CUE claims based upon continuity of symptomology. [listen here]
- Jul. 6, 2021: The Federal Circuit heard oral argument in Larson v. McDonough regarding whether obestiy is a disability. [listen here]
- Jul. 1, 2021: The CAVC issued an opinion in Arline v. McDonough regarding credibility determinations [download .pdf]
June 2021
- Jun. 30, 2021: The Federal Circuit issued an opinin in Taylor v. McDonough regarding the CAVC's equitable authority. [download .pdf]
- Jun. 23, 2021: The CAVC issued an opinion in Swanagan v. McDonough regarding the EAJA billing rate for attorney work performed overseas. [download .pdf]
- Jun. 22, 2021: The CAVC issued an opinion in Andrews v. McDonough regarding when it is appropriate for the Court to reverse and award benefits. [download .pdf]
- Jun. 17, 2021: The Federal Circuit issued an en banc order in Arellano v. McDonough affirming by an evenly divided court that the effective date provisions of Title 38 are not subject to equitable tolling. [download .pdf]
- Jun. 17, 2021: The CAVC heard oral argument in Nailos v. McDonough regarding whether aid and attendance is part and parcel of a claim for DIC. [listen here] [watch here]
- Jun. 11, 2021: The Federal Circuit heard oral argument in Windham v. McDonough regarding when the adequacy of a medical examination has been sufficently challenged at the CAVC. [listen here]
- Jun. 10, 2021: The Federal Circuit issued an opinoin in Anania v. McDonough holding that VA may not reject a veteran's affidavit of mailing of a form solely on the grounds that the statement is self serving. [download .pdf]
- Jun. 9, 2021: The Federal Circuit issued opinions in Langdon v. McDonough regarding rating lower back conditions [download .pdf], Cameron v. McDonough on whether uncodified parts of a public law are binding [download .pdf], and Lynch v. McDonough regarding the service requirement for the presumption of service connection for ALS [download .pdf]
- Jun. 8, 2021: New article added to the Article Index page --- Blair E. Thompson, The Doctor Will Judge You Now, 89 U. Cin. L. Rev. 963 (2021).
- Jun. 7, 2021: The Federal Circuit heard oral argument in Ortiz v. McDonough regarding whether additions to the regulations on service connection for PTSD were liberalizing changes. [listen here]
- Jun. 3, 2021: The Federal Circuit issued an opinion in Lynch v. McDonough regarding the benefit of the doubt. [download .pdf]
- Jun. 1, 2021: The CAVC issued an opinion in Van Dermark v. McDonough regarding reimbursement for emergency medical treatment overseas. [download .pdf]
May 2021
- May 28, 2021: The CAVC issued an opinion in Andrews v. McDonough regarding the status of appeals remanded by the Court to the Board under the AMA. [download .pdf]
- May 25, 2021: The CAVC issued an opinion in Helmick v. McDonough regarding who is eligible to claim accrued benefits. [download .pdf]
- May 18, 2021: The CAVC issued an opinon in Davis v. McDonough regarding when a 38 C.F.R. § 3.156(b) error may be harmless. [download .pdf]
- May 12, 2021: The CAVC issued an opinion in Cox v. McDonough regarding the Board's authority to review the contract terms of an attorney fee agreement. [download .pdf]
- May 9, 2021: New articles added to the Article Index page --- Margaret Bartley, A New Chapter in Veterans Law, 70 Am. U. L. Rev. 1258 (2021) and Angela K. Drake, Yelena Duterte, and Stacey-Rae Simcox, Review of Recent Veterans Law Decisions of the Federal Circuit, 69 Am. U. L. Rev. 1343 (2020)
- May 7, 2021: The Federal Circuit heard oral argument in Cameron v. McDonough regarding attorney fees. [listen here]
- May 6, 2021: The Federal Circuit heard oral argument in Snyder v. McDonough regarding the definition of "veteran" for purposes of presumptive service connection for certain conditions. [listen here]
- May 5, 2021: The Federal Circuit heard oral argument in Langdon v. McDonough regarding rating spine disabilities. [listen here]
- May 3, 2021: The Federal Circuit heard oral argument in Perciavalle v. McDonough regarding the scope of a claim [listen here] and Buffington v. McDonough regarding the resumption of disability compensation after a period of active duty [listen here].
- May 2, 2021: New articles added to the Article Index page --- Jeremy R. Bedford, Other than Honorable Discharges: Unfair and Unjust Life Sentences of Decreased Earning Capacity, 6 U. Pa. J. L. & Pub. Affairs 687 (2021) and Yelena Duterte, Splendid Isolation: VA’s Failure to Provide Due Process Protections and Access to Justice to Veterans and Their Caregivers, 29 J. L. & Pol'y 1 (2020)
April 2021
- Apr. 30, 2021: The Federal Circuit issued a precedential order in Kisor v. McDonough denying en banc review and discussing the role of the canon of veteran-friendly interpretation. [download .pdf]
- Apr. 30, 2021: The Federal Circuit issued an opinion in Flores-Vasquez v. McDonough regarding the applicability of 38 C.F.R. § 3.156(c). [download .pdf] a modified opinion in Kisor v. McDonough regarding the applicability of 38 C.F.R. § 3.156(c) [download .pdf].
- Apr. 28, 2021: The CAVC issued an opinion in Grimes v. McDonough regarding the proper method for sympathetically reading claims. [download .pdf]
- Apr. 27, 2021: The CAVC issued an opinion in Huerta v. McDonough regarding rating osteomyelitis. [download .pdf]
- Apr. 26, 2021: The CAVC issued an opinion in Mattox v. McDonough regarding the applicability of the Appeals Modernization Act to legacy cases. [download .pdf]
- Apr. 20, 2021: The CAVC issued an opinion in Stern v. McDonough regarding when the Board fails to support a rating reduction decision. [download .pdf]
- Apr. 19, 2021: The CAVC issued a precedential order in Beaudette v. McDonough regarding the appealability of VHA caregiver decisions. [download .pdf]
- Apr. 19, 2021: The Federal Circuit issued an opinion in Morse v. McDonough regarding when service department records may be the basis of an earlier effective date. [download .pdf]
- Apr. 16, 2021: The CAVC issued opinions in Chavis v. McDonough regarding rating back conditions [download.pdf] and in Gudinas v. McDonough regarding when secondary service connection has been raised [download.pdf].
- Apr. 14, 2021: The CAVC heard oral argument in Helmick v. McDonough regarding determinations of whether a claimaint bore an expense. [listen here] [watch here]
- Apr. 8, 2021: The Federal Circuit heard oral argument in Lynch v. McDonough regarding the proper interpretation of the benefit-of-the-doubt standard. [listen here]
- Apr. 7, 2021: The Federal Circuit heard oral argument in Guadalupe v. McDonough regarding prevailing party status determinations under EAJA. [listen here]
- Apr. 6, 2021: The Federal Circuit heard oral argument in Altilano v. McDonough regarding the requirement that a veteran appear personally at a hearing. [listen here]
March 2021
- Mar. 29, 2021: The CAVC issued an opinion in Bowling v. McDonough regarding the validity of VA's regulation defining "insanity." [download .pdf]
- Mar. 25, 2021: The Federal Circuit issued an opinion in Vollono v. McDonough regarding whether mistaken benefits payments trigger offset rules. [download .pdf]
- Mar. 25, 2021: The CAVC issued an opinion in Groves v. McDonough regarding a veteran's right to as VA to pause adjudication of a claim. [download .pdf]
- Mar. 17, 2021: The CAVC heard oral argument in Wolfe v. McDonough regarding the mechanics of monitoring compliance with a class action order. [listen here] [watch here]
- Mar. 16, 2021: The CAVC heard oral argument in Cox v. McDonough regarding when an attorney is entitled to a fee after being terminated. [listen here] [watch here]
- Mar. 16, 2021: The Federal Circuit issued an opinion in George v. McDonough regarding when a judicial interpretation of a statute can support a motion to revise a prior decision based upon CUE. [download .pdf]
- Mar. 15, 2021: The CAVC issued an opinion in Sheppard v. McDonough regarding whether the Board must provide notice prior to finding that a claim should not have been reopened. [download .pdf]
- Mar. 8, 2021: The CAVC issued an opinion in Hatfield v. McDonough regarding informed consent for section 1151 claims. [download .pdf]
- Mar. 4, 2021: The Federal Circuit heard oral argument in Tadlock v. McDonough regarding when the CAVC may make findings of fact in determining whether an error was prejudicial. [listen here]
- Mar. 3, 2021: The CAVC isued an opinion in Euzebio v. McDonough regarding the material constructively before the Board. [download .pdf]
- Mar. 2, 2021: The Federal Circuit heard oral argument in Youngblood v. McDonough regarding determinations of the cause of the veteran's TDIU. [listen here]
February 2021
- Feb. 26, 2021: The CAVC issued an opinion in Cooper v. McDonough regarding countable income for pension benefits. [download .pdf]
- Feb. 24, 2021: The Independent Budget Group has released its recommendend budget for VA for Fiscal Years 2022 and 2023 [download .pdf] and its Critical Issues report for the 117th Congress [download .pdf]
- Feb. 24, 2021: The CAVC issued opinions in Carpenter v. McDonough and Chisholm v. McDonough regarding attorney staff access to VBMS [download .pdf] and Healey v. McDonough regarding the Board's obligation to address relevant provisions of its Purplebook [download .pdf]
- Feb. 24, 2021: The CAVC heard oral argument in Andrews v. McDonough regarding the proper instructions the Board should issue when remanding a decision under the Appeals Modernization Act. [listen here] [watch here]
- Feb. 24, 2021: The Annual Report of the Chairman of the Board of Veterans' Appeals for FY20 is now available. [download .pdf]
- Feb. 19, 2021: The CAVC issued an opinion in Carr v. McDonough regarding extension of educational benefits transfered to a dependent. [download .pdf]
- Feb. 17, 2021: The Federal Circuit issed an opinion in Giles v. McDonough regarding the relationship of diagnoses of different diagnosed psychoses for purposes of determining whether the veteran has a chronic condition. [download .pdf]
- Feb. 16, 2021: The CAVC issued a precedential order in Harris v. McDonough regarding VA's obiligation to adjudicate a claimant's character of discharge. [download .pdf]
- Feb. 13, 2021: New article added to the Article Index page --- Jeffrey Parker, Thou Shalt Not Review the VA Rating Schedule: Has the Veterans Court Abided by This Subject Matter Prohibition?, 30 Fed. Cir. B.J. 1 (2020) [download .pdf].
- Feb. 5, 2021: The Federal Circuit heard oral argument in Smith regarding reducing attorney fees under EAJA based upon unsuccessful claims. [listen here].
- Feb. 4, 2021: The Federal Circuit heard en banc oral argument in Arellano v. Tran regarding equitable tolling of the claim filing requirement. [listen here].
- Feb. 3, 2021: The Federal Circuit heard oral argument in Vollono v. Tran regarding recieving educational benefits under multiple programs [listen here] and Morse v. Tran regarding obtaining an earlier effective date based up service department records [listen here].
January 2021
- Jan. 26, 2021: The CAVC issued an opinion in Garner v. Tran regarding what is necessary to reasonably raise the issue of obesity as an intermediate step toward service connection. [download .pdf]
- Jan. 22, 2021: The CAVC heard oral argument in Gudinas v. Tran regarding when a claim for secodary service connetion has been raised. [listen here] [watch here]
- Jan. 21, 2021: The annual report of the Board of Veterans' Appeals for Fiscal Year 2020 has been posted. [download .pdf]
- Jan. 21, 2021: The CAVC heard oral argument in Beaudette v. Tran regarding the Board's jurisdiction to hear appeals of VA caregiver determinations. [listen here] [watch here]
- Jan. 15, 2021: The CAVC issued an opinion in Bria v. Wilkie regarding what constitutes loss of use of a creative organ. [download .pdf]
- Jan. 14, 2021: The CAVC heard oral argument in Bareford v. Wilkie regarding who is eligible to request a headstone or memorial for a deceased veteran. [listen here] [watch here]
- Jan. 13, 2021: The CAVC issued an opinion in Bonner v. Wilkie regarding clear and unmistakable error and issue preclusion. [download .pdf]
- Jan. 12, 2021: The CAVC heard oral argument in Hatfield v. Wilkie regarding informed consent and benefits under 38 U.S.C. § 1151. [listen here] [watch here]
- Jan. 6, 2021: The CAVC issued an opinion in Bailey v. Wilkie regarding when a formal claim for secondary service connection must be filed. [download .pdf]
- Jan. 6, 2021: The Federal Circuit heard oral argument in Beck v. Wilkie regarding the presumption of sound condition. [listen here]
- Jan. 4, 2021: The Federal Circuit heard oral argument in Parrott v. Wilkie regarding equitable tolling. [listen here]
December 2020
- Dec. 30, 2020: The CAVC issued an en banc opinion in Long v. Wilkie regarding when referral for consideration of an extraschedular rating is requird. [download .pdf]
- Dec. 22, 2020: The CAVC issued a precedential order regarding its jurisdiction to compell VA to provide a veteran with a copy of his or her claims file [download .pdf]
- Dec. 21, 2020: The Federal Circuit issued an opinion in Murphy v. Wilkie regarding how to determine the scope of a claim. [download .pdf]
- Dec. 17, 2020: The Federal Circuit issued an opinion in Perry v. Wilkie regarding veteran status based upon active duty for training. [download .pdf]
- Dec. 17, 2020: The CAVC issued an opinion in Skaar v. Wilkie regarding the Board's review of radiation claims and how to determine whether a document is an NOD. [download .pdf]
- Dec. 11, 2020: The Federal Circuit heard oral argument in Giles v. Wilkie regarding whether a psychosis may be granted service as a chronic condition when the diagnosis in service is different than the current diagnosis. [listen here]
- Dec. 10, 2020: The CAVC issued an opinion in Kennedy v. Wilkie regarding whether a VA Fast Letter may be a liberalizing law. [download .pdf]
- Dec. 10, 2020: The Federal Circuit heard oral argument in Costello v. Wilkie regarding when a CUE theory has been reasonably raised. [listen here]
- Dec. 9, 2020: The CAVC heard oral argument in Andrews v. Wilkie regarding the M21-1 provisions governing hepatitis C claims and the court's reversal standard. [listen here] [watch here]
- Dec. 9, 2020: The Federal Circuit heard oral argument in Rudisill v. Wilkie regarding using educational benefits providing under multiple different programs. [listen here]
- Dec. 9, 2020: VA's Office of Inspector General released a new report --- Posttraumatic Stress Disorder Claims Processing Training and Guidance Need Improvement, #20-00608-29. [download .pdf]
- Dec. 9, 2020: GAO released a new report --- Process for Identifying Conditions Presumed to be Service Connected and Challenges in Processing Complex Gulf War Illness Claims, GAO-21-253T (Dec. 9, 2020) [download .pdf]
- Dec. 8, 2020: The Federal Circuit issued an en banc opinion in NOVA v. Secretary of Veterans Affairs regarding the court's authority to hear rulemaking challenges to VA's M21-1 Manual. [download .pdf]
- Dec. 8, 2020: The CAVC heard oral argument in Richard v. Wilkie regarding whether an earlier effective date can be awarded for a condition related to exposure to Agent Orange in Thailand based upon declassification of reports. [listen here] [watch here]
- Dec. 7, 2020: The Federal Circuit heard oral argument in Anania v. Wilkie regarding whether an attorney's declaration can prove that a document was mailed. [listen here]
- Dec. 1, 2020: The CAVC heard oral argument in Bria v. Wilkie regarding whether a veteran can be awarded SMC(k) based upon having hepatits C [listen here] [watch here]
November 2020
- Nov. 30, 2020: The CAVC issued an opinion in Dallman v. Wilkie regarding the Court's jurisdiction to review a finality determination in a Board decision that otherwise remanded a matter. [download .pdf]
- Nov. 25, 2020: The CAVC issued an opinion in Homes v. Wilkie regarding the scope of the symptoms covered by Diagnosic Code 8100 for migraines. [download .pdf]
- Nov. 20, 2020: The CAVC issued an opinion in Romero v. Wilkie regarding the presumption that VA properly mailed material to a veteran's representative. [download .pdf]
- Nov. 19, 2020: VA's Office of Inspector General released a new report --- Enhanced Strategy Needed to Reduce Disability Exam Inventory Due to the Pandemic and Errors Related to Canceled Exams, #20-02826-07 [download .pdf]
- Nov. 17, 2020: The CAVC heard oral argument in Carpenter/Chisholm v. Wilkie regarding access to VBMS for staff working for an attorney. [listen here] [watch here]
- Nov. 2, 2020: The Federal Circuit heard oral argument in Euzebio v. Wilkie regarding whether the Board has notice of reports issued to VA by the National Acadamies of Science. [listen here]
- Nov. 6, 2020: The CAVC heard oral argument in Fuller v. Wilkie regarding a veteran's standing to appeal a decision regarding apportionment benefits for their spouse. [listen here] [watch here]
- Nov. 2, 2020: The Federal Circuit heard oral argument in Monk v. Wilkie regarding when courts should provide a remedy for delay in agency adjudication. [listen here]
- Nov. 4, 2020: The CAVC heard oral argument in Constantine v. Wilkie regarding the Court's authority to decide the scope of the consent decree in Nehmer. [listen here] [watch here]
- Nov. 3, 2020: The Federal Circuit heard oral argument in Williams v. Wilkie regarding whether the Board must wait 90 days before deciding an appeal returning after an RO remand [listen here] and George v. Wilkie and Martin v. Wilkie regaring when a CUE motion may be based upon a judicial decision [listen here].
- Nov. 2, 2020: The Federal Circuit heard oral argument in Murphy v. Wilkie regarding how to determine the scope of a claim on reopening. [listen here]
October 2020
- Oct. 29, 2020: The CAVC issued an opinion in Welcome v. Wilkie regarding the Veterans Retraining Assistance Program. [download .pdf]
- Oct. 26, 2020: The CAVC issued an opinion in Bryant v. Wilkie regarding a veteran's right to submit evidence and argument to the Board. [download .pdf]
- Oct. 23, 2020: The CAVC heard oral argument in Bonner v. Wilkie regarding the types of errors that can be addressed through a CUE motion. [listen here]
- Oct. 21, 2020: The CAVC issued a precedential order in Gardner-Dickson regarding the CAVC's authority to hear an appeal of a Board remand. [download .pdf]
- Oct. 20, 2020: The Congressional Budget Office released a report: Vietnam Veterans' Income in Retirement. [download .pdf]
- Oct. 20, 2020: The Federal Circuit issued a precedential decision in Monk v. Wilkie regarding commonality in class action litigation. [download .pdf]
- Oct. 20, 2020: The CAVC heard oral argument in Van Dermark v. Wilkie regarding when VA is obligated to pay for overseas medical care. [listen here]
- Oct. 15, 2020: The CAVC heard oral argument in Romero v. Wilkie regarding the presumption of regularity of mailing. [listen here]
- Oct. 9, 2020: The Federal Circuit heard oral argument in Shuford v. Wilkie regarding when the Board can deny an increased rating because it disagrees with the award of service connection. [listen here]
- Oct. 8, 2020: The Federal Circuit heard en banc oral argument in NOVA v. Secretary of Veterans Affairs regarding the court's authority to hear rulemaking challenges to VA's M21-1 Manual. [listen here]
- Oct. 7, 2020: The Federal Circuit heard oral argument in four consolidated cases regarding challenges to VA's rulemaking implementing the Veterans Appeals Improvement and Modernization Act. [listen here] [and here] [and here] [and here]
September 2020
- Sept. 29, 2020: The CAVC heard oral argument in Spicer v. Wilkie regarding secodary service connection may be granted based upon an inability to treat. [listen here]
- Sept. 28, 2020: The Federal Circuit issued an opinion in Mote v. Wilkie regarding the proper analysis to determine when a delay in adjudication is unreasonable. [download .pdf]
- Sept. 22, 2020: The CAVC heard en banc oral argument in Perciavalle v. Wilkie regarding what types of error may constitute CUE. [listen here]
- Sept. 11, 2020: The CAVC heard oral argument in Swanagan/Turman v. Wilkie regarding calculating EAJA fees for attorneys practicing outside the country. [listen here]
- Sept. 11, 2020: The Federal Circuit issued an opinon in Batcher v. Wilkie regarding the relationship between state divorce proceedings and VA apportionment claims. [download .pdf]
- Sept. 2, 2020: The CAVC heard oral argument in Skaar v. Wilkie regarding the validity of a VA determination of radiation risk. [listen here]
- Sept. 1, 2020: The Federal Circuit issued an opinion in Gumpenberger v. Wilkie regarding attorney fees in cases of invalidating a debt to VA. [download .pdf]
August 2020
- Aug. 31, 2020: The CAVC issued opinions in Hembree v. Wilkie regarding the requirements to withdraw and appeal in writing [download .pdf], and Wolfe v. Wilkie regarding the bases upon which the Board can order reconsideration of a decision [download .pdf]
- Aug. 27, 2020: The Federal Circuit issued an opinion in Garvey v. Wilkie regarding the validity of VA's definition of "willfull and persistent misconduct." [download .pdf]
- Aug. 26, 2020: The CAVC issued an opinion in Wait v. Wilkie regarding when undiagnosed pain is a compensible disability. [download .pdf]
- Aug. 21, 2020: The Federal Circuit issued an opinion in Burkhart v. Wilkie regarding home loan eligibility. [download .pdf]
- Aug. 20, 2020: The CAVC heard oral argument in Huerta v. Wilkie regarding whether DC 5000 requires that an ostemyelitis infection be active to award a 100% rating. [listen here]
- Aug. 19, 2020: The Federal Circuit issued an opinion in Lang v. Wilkie regarding when VA has constructive possession of records. [download .pdf]
- Aug. 18, 2020: The CAVC issued an opinion in Lacey v. Wilkie regarding when the Secretary's position in litigation is substantially justified. [download .pdf]
- Aug. 18, 2020: The CAVC heard oral argument in Kennedy v. Wilkie regarding whether VA Fast Letter 13-04 was a liberalizing law that created an irrebuttable presumption of service connection for the cause of death of the veteran. [listen here]
- Aug. 12, 2020: The Federal Circuit issued an opinion in Kisor v. Wilkie regarding when newly obtained service department records can lead to an earlier effiective date for compensation. [download .pdf]
- Aug. 11, 2020: The CAVC issued an opinion in Martinez-Boden regarding whether compensation can be awarded for undiagnosed psychiatric symptoms. [download .pdf]
- Aug. 5, 2020: VA's Office of Inspector General released a new report --- Accuracy of Disability Benefit Evaluations for Veterans’ Service-Connected Heart Diseases, #19-08095-198 [download .pdf]
- Aug. 4, 2020: The Federal Circuit heard oral argument in Mote v. Wilkie regarding the CAVC's approach to reviewing whether an agency delay is unreasonable. [listen here]
July 2020
- Jul. 27, 2020: The CAVC heard oral argument in Bailey v. Wilkie regarding when complications of a condition fall within the scope of a claimed condition. [listen here]
- Jul. 23, 2020: The CAVC heard oral argument in Healey v. Wilkie regarding the Board's constructive notice of NAS reports. [listen here]
- Jul. 22, 2020: VA's Office of Inspector General released two new reports --- Deficiencies in the Quality Review Team Program, 19-07054-174 [download .pdf] and The Systematic Technical Accuracy Review Program Has Not Adequately Identified and Corrected Claims-Processing Deficiencies, 19-07059-169 [download .pdf]
- Jul. 21, 2020: The CAVC heard oral argument in Noah v. Wilkie regarding whether the reasonable person standard is appropriate for a veteran's assertion of detremental reliance on a misleading VA letter. [listen here]
- Jul. 17, 2020: The Federal Circuit issued opinions in Simmons v. Wilkie regarding prejudicial error [download .pdf] and Merritt v. Wilkie regarding regarding substitution for a deceased appellant at the federal court level [download. pdf].
- Jul. 16, 2020: The CAVC heard oral argument in Dallman v. Wilkie regarding the Court's jurisdiction to consider an appeal of a Board decision reopening and remanding a claim where the veteran asserts that the prior decision was never final. [listen here]
- Jul. 15, 2020: The Federal Circuit issued opinions in Sellers v. Wilkie regarding when a claim has been raised [download .pdf] and Jones v. Wilkie regarding effective date determinations under 38 C.F.R. § 3.156(c) [download. pdf].
- Jul. 14, 2020: The CAVC heard oral argument in Welcome v. Wilkie regarding the proper method for calculating the 12-month period for VRAP benefits. [listen here]
- Jul. 8, 2020: The CAVC heard oral argument in Gardner-Dickson v. Wilkie regarding whether the Board can order additional development to confirm exposure after finding a veteran's statements regarding service at the perimeter of a Thai air force base to be credible. [listen here]
- Jul. 7, 2020: The CAVC heard oral argument in Martinez-Boden v. Wilkie regarding whether undiagnosed mental health symptoms can qualify as a disabilty. [listen here]
- Jul. 6, 2020: The Federal Circuit heard oral argument in Arellano v. Wilkie regarding equitable tolling. [listen here]
If you notice any problems with Veterans Law Library, please report them to administrator@veteranslawlibrary.com.
