| Veterans Law Library |
A Comprehensive Collection of
Materials Relating to the Veterans
Benefits Adjudication Process
Materials Relating to the Veterans
Benefits Adjudication Process
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“The willingness
with which our
young people are
likely to serve in
any war, no matter
how justified, shall
be directly
proportional as to
how they perceive
veterans of earlier
wars were treated
and appreciated by
this country.”
George Washington
with which our
young people are
likely to serve in
any war, no matter
how justified, shall
be directly
proportional as to
how they perceive
veterans of earlier
wars were treated
and appreciated by
this country.”
George Washington
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Latest Developments and Additions
January 2012
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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The nomination of Gloria Wilson Shelton to the CAVC was also withdrawn.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.
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.
February 2012
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]
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]
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