Latest Developments and Additions
June 2019
- Jun. 26, 2019: The Supreme Court issued an opinion in Kisor v. Wilkie regarding judicial deference to agency interpretations of its own regulations. [download .pdf]
- Jun. 24, 2019: The Federal Circuit issued an opinion in National Org of Veterans Advoc v. Secretary of Veterans Affairs regarding the validity of VA's rulemaking on extraschedular ratings. [download .pdf]
- Jun. 19, 2019: The Federal Circuit issued an opinion in Shea v. Wilkie regarding when a claim for benefits has been raised. [download .pdf]
- Jun. 18, 2019: The CAVC issued an opinion in McCray v. Wilkie regarding how the Board should weigh treatise evidence. [download .pdf]
- Jun. 14, 2019: The CAVC issued an opinion in the consolidated cases of Ward v. Wilkie and Neal v. Wilkie regarding whether secondary aggrevation requires a permanent increase in the level of disability. [download .pdf]
- Jun. 13, 2019: The CAVC issued an precedential order in Godsey v. Wilkie regarding certification of a class of veterans who have been waiting for their appeals to be certified to the Board. [download .pdf]
- Jun. 13, 2019: New article added to the Article Index page --- Jeffrey Parker, Getting the Train Back on Track: Legal Principles to Guide Extra-schedular Referrals in VA Disability Rating Claims, 28 Fed. Cir. B.J. 175 (2019).
- Jun. 10, 2019: VA's Office of Inspector General released a
new report --- Inadequate Oversight of Contracted Disability Exam
Cancellations, 18-04266-115 (Jun. 10, 2019). [download
.pdf]
- Jun. 6, 2019: The CAVC issued an opinion in Crumlich v. Wilkie regarding the presumption of regularity of VA's mailing of a Statement of the Case. [download .pdf]
- Jun. 6, 2019: The Federal Circuit heard oral argument in Francway v. Wilkie regarding the presumption of competence of a VA examiner. [listen here]
- Jun. 5, 2019: New article added to the Article Index page --- Note, Natsumi Antweiler, Creating an Unprecedented Number of Precedents at the U.S. Court of Appeals for Veterans Claims, 60 Wm. & Mary L. Rev. 2311 (2019).
- Jun. 5, 2019: The Federal Circuit heard oral argument in George v. Wilkie regarding regarding which service department records may lead to an earlier effective date under 38 C.F.R. §3.156(c). [listen here]
- Jun. 3, 2019: The Federal Circuit heard oral argument in Lacoste v. Wilkie regarding the criteria for filing a claim. [listen here]
May 2019
- May 31, 2019: The CAVC issued an opinion in Cornell v. Wilkie regarding when an intervening party is a prevailing party for purposes of EAJA. [download .pdf]
- May 30, 2019: The CAVC heard oral argument in Euzebio v. Wilkie regarding whether the Board has an obligation to consider Nataional Academy of Science reports that are not in the file of an individual veteran. [listen here] [watch here]
- May 21, 2019: The CAVC issued an opinion in Martinez v. Wilkie regarding when VA has a duty to provide a veteran with a copy of a medical opinion obtained through the duty to assist. [download .pdf]
- May 16, 2019: The CAVC issued an opinion in Morgan v. Wilkie regarding the elements of rating a disabiltiy. [download .pdf]
- May 15, 2019: VA's Office of Inspector General released a new report --- Deferrals in the Veterans Benefits Management System, Report #18-00215-83 (May 15, 2019). [download .pdf]
- May 10, 2019: The Federal Circuit heard oral argument in Shea v. Wilkie regarding when reference to treatment records constitutes an informal claim. [listen here]
- May 9, 2019: The CAVC heard oral argument in Quinn v. Wilkie regarding when a claimant is entitled to a Board hearing after a remand. [listen here] [watch here]
- May 8, 2019: The CAVC heard oral argument in Cornell v. Wilkie regarding proper remedial procedures when VA fails to correctly withhold an attorney's fee from an award. [listen here] [watch here]
- May 7, 2019: The Federal Circuit heard oral argument in Tropiak v. Wilkie regarding the court's jurisidiction to review the CAVC's application of new case law. [listen here]
- May 6, 2019: The Federal Circuit heard oral argument in Dela Cruz v. Wilkie regarding the proper procedrue for a Filipino claimaint to have seek review of evidence of qualifying service. [listen here]
April 2019
- Apr. 30, 2019: The CAVC heard oral argument in Adams v. Wilkie regarding when the CAVC has jurisdiction over a Board decision that refers---rather than remands---TDIU. [listen here] [watch here]
- Apr. 26, 2019: The CAVC issued an opinion in Batcher v. Wilkie regarding the effect of a state separation agreement on the apportionment of a veteran's benefits. [download .pdf]
- Apr. 23, 2019: The CAVC heard oral argument in Casey v. Wilkie regarding the consequenses of VA's erroneous failure to withhold attorney fees from an award. [listen here] [watch here]
- Apr. 23, 2019: New article added to the Article Index page --- Beck Zucker, Transcending Limitations: Obstacles to Benefits For Transgender Veterans, 27 Fed. Circuit B.J. 321 (2018).
- Apr. 23, 2019: The Federal Circuit issued an opinion in Sucic v. Wilkie regarding the eligibility of adult children to substitute in a claim for a deceased veteran. [download .pdf]
- Apr. 21, 2019: New article added to the Article Index page --- Stacey-Rae Simcox, Thirty Years of Veterans Law: Welcome to the Wild West, 67 U. Kan. L. Rev. 513 (2019).
- Apr. 16, 2019: The CAVC issued an opinion in Carr v. Wilkie regarding expiration of education benefits in the middle of a term. [download .pdf]
- Apr. 15, 2019: The Federal Circuit issued an opinion in Scott v. Wilkie regarding rating foot disabilities. [download .pdf]
- Apr. 5, 2019: The CAVC issued an opinion in Taylor v. Wilkie regarding effective-date relief for claimant's whose in-service injury was previously classified. [download .pdf]
- Apr. 3, 2019: The Federal Circuit heard oral argument in DeLisio v. Wilkie regarding how much a VA medical examiner must describe the evidence considered in forming an opinion. [listen here]
March 2019
- Mar. 28, 2019: The CAVC heard oral argument in Martinez v. Wilkie regarding whether the duty to assist requires VA to send veterans copies of the medical opinions generated in their cases. [download .pdf]
- Mar. 27, 2019: The CAVC heard oral argument in Monk v. Wilkie regarding unconstitutional delay in adjudication of appeals. [download .pdf]
- Mar. 20, 2019: The CAVC issued an en banc opinion in Ravin v. Wilkie regarding offset of EAJA fees when an attorney also helps a veteran win benefits on remand. [download .pdf]
- Mar. 19, 2019: The CAVC issued opinions in Roby v. Wilkie regarding reguarding the definition of "liquid" for purposes of rating achalasia [download .pdf] and Williams v. Wilkie regarding a veteran's right to submit evidence before the Board issues a decision in a case returning from a remand to VBA [download .pdf].
- Mar. 15, 2019: The Fed. Cir. issued an opinion in Ruel v. Wilkie regarding the criteria for VA to issue a decision on a claim. [download .pdf]
- Mar. 14, 2019: The CAVC issued an opinion in Ray v. Wilkie regarding the definition of TDIU. [download .pdf]
- Mar. 13, 2019: The Federal Circuit issued an opinion in Jones v. Wilkie regarding scope of VA's duty to obtain VHA records. [download .pdf]
- Mar. 11, 2019: The CAVC issued an opinion in Young v. Wilkie regarding VA's ability to revise a decision while an appeal is pending. [download .pdf]
- Mar. 7, 2019: The Federal Circuit issued an opinion in James v. Wilkie regarding equitable tolling of the time to appeal to the CAVC. [download .pdf]
- Mar. 7, 2019: The Federal Circuit heard oral argument in National Org of Veterans Advoc v. Secretary of Veterans Affairs regarding the validity of VA's rulemaking addressing how the combined effects of disabilities are considered. [listen here]
- Mar. 6, 2017: The CAVC heard oral argument in Taylor v. Wilkie regarding the Court's power to equitably award an effective date for benefits where the veteran delayed applying for benefits due to the secret nature of the in-service injury. [listen here]
- Mar. 5, 2017: The Federal Circuit heard oral argument in Sucic v. Wilkie regarding the ability of adult children to substitute in the place of a deceased veteran claimant. [listen here]
- Mar. 4, 2017: The Federal Circuit heard oral argument in Worley v. Wilkie regarding when a vetearn has a right to a decision from the CAVC without a remand to the Board of Veterans' Appeals. [listen here]
February 2019
- Feb. 28, 2019: The CAVC issued an opinion in Speigner v. Wilkie regarding how to determine the appropriate geographic location for EAJA billing purposes. [download .pdf]
- Feb. 21, 2019: The CAVC heard oral argument regarding a petition asserting unreasonable delay in certifying appeals to the Board. [listen here]
- Feb. 12, 2019: The CAVC heard oral argument in Perciavalle v. Wilkie regarding sufficiency of a CUE motion. [listen here]
- Feb. 12, 2019: The Independent Budget for the 116th Congress has been released. [download .pdf]
- Feb. 8, 2019: The CAVC heard oral argument in Frye v. Wilkie regarding regarding interepreting rating decisions for purposes of adjudicating a CUE motion [listen here] and Ables v. Wilkie regarding when records must be obtained under the duty to assist [listen here].
- Feb. 7, 2019: The CAVC issued an opinion in Grumpenberger v. Wilkie regarding attorney fees for invalidating a debt to VA. [download .pdf]
- Feb. 5, 2019: The CAVC heard oral argument in Vaughn v. Wilkie regarding when a valid debt to VA has been created [listen here] and Blythe v. Wilkie regarding waiver of arguments at the agency level [listen here].
- Feb. 1, 2019: The CAVC issued a en banc precedential limited remand order in Skaar v. Wilkie regarding additional development and analysis in a potential class action case. [download .pdf]
- Feb. 1, 2019: The CAVC heard oral argument in Ward v. Wilkie and Neal v. Wilkie regarding class certification and service connection for aggrevation. [listen here]
January 2019
- Jan. 30, 2019: The CAVC heard oral arument in Campbell v. Wilkie regarding the interaction of different theories that potentially affect a claimant's effective date. [listen here]
- Jan. 29, 2019: The Federal Circuit issued an en banc opinion regarding whether "blue water" Navy veterans of Vietnam are presumed exposed to Agent Orange. [download .pdf]
- Jan. 25, 2019: The CAVC heard oral arument in Payne v. Wilkie regarding the circumstances in which VA must address TDIU and SMC. [listen here]
- Jan. 24, 2019: The CAVC issued an opinion in Roskinski v. Wilkie regarding an attorney's right to access draft RO decisions in his clients' cases. [download .pdf]
- Jan. 22, 2019: The CAVC heard oral arument in Lewis v. Wilkie regarding the proper procedure for pursing a potentially unadjudicated claim. [listen here]
- Jan. 17, 2019: The CAVC issued an opinion in Demery v. Wilkie regarding the ability of a surviving spouse to appeal a Board decision to the CAVC. [download .pdf]
- Jan. 17, 2019: The National Acadamy of Science has released Gulf War and Health: Volume 11: Generational Health Effects of Serving in the Gulf War. [free .pdf copy available at NAS website]
- Jan. 17, 2019: The CAVC heard oral argument in Rosinski v. Wilkie regarding the calculation of attorney fees where the veterans award is offset against military retirement pay. [listen here]
- Jan. 15, 2019: The CAVC heard oral argument in Crumlich v. Wilkie regarding the issue of how to determine the timeliness of a Substantive Appeal. [listen here]
- Jan. 10, 2019: The Annual Report of the Chairman of the Board of Veterans' Appeals has been released. [download .pdf]
- Jan. 10, 2019: The CAVC heard oral argument in Atilano v. Wilkie regarding a veteran's right to have a hearing to present expert testimony. [listen here]
- Jan. 9, 2019: The Federal Circuit heard oral argument in Corradini v. Wilkie regarding congenital defects and diseases. [listen here]
- Jan. 4, 2019: The CAVC issued an opinion in George v. Wilkie regarding CUE motions based upon an intervening change in case law. [download .pdf]
- Jan. 3, 2019: The CAVC issued an opinion in Burkhart v. Wilkie regarding benefits under section 1151 and eligibility for a home loan guarentee. [download .pdf]
December 2018
- Dec. 20, 2018: The CAVC issued opinions in Simon v. Wilkie regarding when disability ratings become protected [download .pdf] and Stewart v. Wilkie regarding the meaning of "medically unexplained chronic multi-symptom illness" [download .pdf]
- 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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