Latest Developments and Additions
December 2018
- Dec. 11, 2018: The Federal Circuit issued an opinion in Hansen-Sorensen v. Wilkie regarding veteran status based upon inactive duty for training. [download .pdf]
- Dec. 7, 2018: The Federal Circuit heard en banc oral argument in Procopio v. Wilkie regarding whether veterans who served in the territorial waters of the coast of Vietnam are presumed to be exposed to Agent Orange. [listen here]
- Dec. 6, 2018: The CAVC issued an opinion in Harper v. Wilkie regardging the Board's jurisdiction to consider the effective date for TDIU when entitlement has been awarded in a separate RO proceeding. [download .pdf]
- Dec. 6, 2018: The Federal Circuit heard oral argument in Jones v. Wilkie regarding the filing of informal claims at VHA [listen here] and in James v. Wilkie regarding equitable tolling [listen here]
- Dec. 3, 2018: The Federal Circuit heard oral argument in Ruel v. Wilkie regarding which decisions constitute a denial of service connection for the cause of a veteran's death. [listen here]
- Dec. 3, 2018: The Federal Circuit heard oral argument in Reyes v. Wilkie regarding veteran status determiniations for Filipinos. [listen here]
November 2018
- Nov. 15, 2018: The CAVC heard en banc oral argument in Morgan v. Wilkie regarding the framework for analyzing entitlement to an extraschedular rating. [listen here]
- Nov. 15, 2018: The House Veterans Affairs Committee held a legislative hearing on Exploring VA’s Oversight of Contract Disability Examinations. [link to House hearing page with video]
- Nov. 13, 2018: The Federal Circuit issued an opinion in Cook v. Wilkie regarding a veteran's right to a second Board hearing after a remand. [download .pdf]
- Nov. 8, 2018: The CAVC issued an opinion in Moody v. Wilkie regarding combining conditions when determining eligibility for TDIU. [download .pdf]
- Nov. 8, 2018: GAO released a new report --- Improved Performance Analysis and Training Oversight Needed for Contracted Exams, GAO-19-13 (Nov. 8, 2018) [download .pdf]
- Nov. 8, 2018: The Federal Circuit heard oral argument in Hansen-Sorensen v. Wilkie regarding when service members with Guard and Reserve service qualify as veterans for purposes of qualifying for benefits. [listen here]
- Nov. 7, 2018: The CAVC issued an opinion in Hedgepeth v. Wilkie regarding rating reductions and severances of service connection based upon a change in diagnosis. [download .pdf]
- Nov. 6, 2018: The Federal Circuit heard oral argument regading Gallagher v. Wilkie regarding when the court has jurisdiction to review an issue regarding the scope of a claim. [listen here]
- Nov. 5, 2018: The Federal Circuit issued a precedential opinion in Garcia v. Wilkie regarding raising constitutional arguments in a successive CUE motion. [download .pdf]
- Nov. 2, 2018: The CAVC issued a precedential opinion in Ravin v. Wilkie regarding the consequences for an attorney of not promptly filing a copy of a fee agreement at the agency level. [download .pdf]
- Nov. 2, 2018: The CAVC heard oral argument in Grumpenberger v. Wilkie regarding the definition of "past due benefits" for purposes of determining an attorney's fee [listen here].
- Nov. 1, 2018: The CAVC issued a precedential opinion in English v. Wilkie regarding rating knee conditions based upon lay testimiony. [download .pdf]
- Nov. 1, 2018: The CAVC heard oral argument in McCray v. Wilkie regarding the Board's ability to consider the 2005 Institute of Medicine report in deciding hearing loss claims. [listen here]
October 2018
- Oct. 30, 2018: The CAVC heard oral argument in Simon v. Wilkie regarding when disability rating qualifies for special protection from reduction. [listen here]
- Oct. 29, 2018: The CAVC heard oral argument in Demery v. Wilkie regarding when a surviving spouse may file an appeal to the court after a veteran passes away. [listen here]
- Oct. 29, 2018: VA published a new final rule --- Schedule for Rating Disabilities: The Hematologic and Lymphatic Systems, 83 Fed. Reg. 54250 (Oct. 29, 2018) [download .pdf]
- Oct. 24, 2018: The CAVC issued a precedential order in Thompson v. Wilkie regarding pro se petitions for class action relief [download .pdf]
- Oct. 24, 2018: The CAVC heard oral argument in Burkhart v. Wilkie regarding whether recieving benefits under Section 1151 creates eligiblity for a home loan guarantee. [listen here]
- Oct. 23, 2018: The CAVC issued an opinon in Lynch v. Wilkie regarding when a claim has been reasonably raised. [download .pdf]
- Oct. 23, 2018: The CAVC heard oral argument in Williams v. Wilkie regarding whether the Board may decide an appeal before a claimant has had a minimum amount of time to submit additional evidence. [listen here]
- Oct. 22, 2018: VA announced it was adopting as final a rule that was previously published as interim final --- Presumption of Herbicide Exposure and Presumption of Disability During Service for Reservists Presumed Exposed to Herbicides, 83 Fed. Reg. 53,179 (Oct. 22, 2018) [download .pdf]
- Oct. 19, 2018: The CAVC heard oral argument in Speigner v. Wilkie regarding the appropriate hourly rate under EAJA for an attorney who works remotely at home. [listen here]
- Oct. 17, 2018: The Federal Circuit issued an opinion in Pirkl v. Wilkie regarding the effect of a favorable CUE determination on subsequent intervening decisions. [download .pdf]
- Oct. 4, 2018: The Federal Circuit heard oral argument in Zottarella v. Wilkie regarding the CAVC's ability to find facts when making a harmless error determination. [listen here].
- Oct. 3, 2018: GAO released a new report --- Veterans’ Disability Benefits: Better Measures Needed to Assess Regional Office Performance in Processing Claims, GAO-19-15 (Oct. 3, 2018) [download .pdf]
- Oct. 3, 2018: The Federal Circuit heard oral argument in Hudick v. Wilkie regarding whether M21-1 provisions favorable to claimants are binding the Board of Veterans' Appeals [listen here] and Clouse v. Wilkie regarding the effect of an improperly served BVA vacatur decision [listen here].
- Oct. 2, 2018: The Federal Circuit heard oral argument in Cook v. Wilkie regarding the circumstances under which a claimant is entitled to a second BVA hearing [listen here].
- Oct. 1, 2018: The Federal Circuit heard oral argument in Mayo v. Wilkie regarding the BVA's ability to deny extraschedular TDIU without referring the issue to the Director of Compensation [listen here].
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