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.
June 2013
- Jun. 25, 2013: The CAVC heard oral argument in Wingard v. Shinseki regarding a dependant's standing to challenge the disability rating of a deceased veteran and regarding the lawfulness of noncompensible ratings [listen here].
- Jun. 25, 2013: A new article was added to the Article Index Page — Reid C. Schweitzer, Note, Veterans Affairs Benefits for Sexually Assaulted Male Veterans, 19 Wm. & Mary J. Women & L. 637 (2013).
- Jun. 18, 2013: The House Committee on Veterans' Affairs held a hearing — Why Are Veterans Waiting Years on Appeal?: A Review of the Post-Decision Process for Appealed Veterans' Disability Benefits Claims [link to House page for the hearing].
- Jun. 12, 2013: The Federal Circuit issued an opinion in Pirkl v. Shinseki regarding the effect revising a prior decision based upon CUE has on subsequent final decisions regarding the same disability. [download .pdf]
- Jun. 7, 2013: The Federal Circuit issued an opinion in Hall v. Shinseki regarding the applicability of 38 C.F.R. § 3.304(f)(3) to claims of PTSD based upon an alleged assault by a fellow service member. [download .pdf]
- Jun. 6, 2013: The Federal Circuit heard oral argument in Go v. Shinseki regarding the procedure for Filipinos to contest their veterans status [listen here], and Middleton v. Shinseki regarding rating diabetes claims [listen here]
- Jun. 5, 2013: The Federal Circuit heard oral argument in Geib v. Shinseki regarding what constitutes an adequate medical opinion to address whether a veteran is unemployable. [listen here].
- Jun. 4, 2013: The Federal Circuit heard oral argument in Yonek v. Shinseki regarding the proper way to rate shoulder disabilities. [listen here]
- Jun. 3, 2013: The Federal Circuit heard oral argument in Massie v. Shinseki regarding the effect of representation at the BVA level on the issues properly before the CAVC [listen here] and Roque v. Shinseki regarding the proper standard for granting a rating of totally disabled based upon individual unemployability [listen here].
May 2013
- May 22, 2013: The House Committee on Veterans' Affairs held a hearing — Expediting Claims or Exploiting Statistics?: An Examination of VA's Special Initiative to Process Rating Claims Pending Over Two Years [link to House page for hearing]
- May 17, 2013: The CAVC issued a new opinion in Beraud v. Shinseki to replace the one that was issued on May 9 and revoked on May 13. [download .pdf]
- May 15, 2013: VA has issued a draft report from its Gulf War Veterans' Illnesses Task Force for feedback and comment. A copy can be downloaded from the agency's press release.
- May 15, 2013: The audio is now available from the Federal Circuit's May 9, 2013, argument in Mikitaroff v. Shinseki regarding the value of medical opinions that reject the premises of prior benefit award. [listen here]
- May 13, 2013: The CAVC has revoked its May 9, 2013, opinion in Beraud v. Shinseki as "issued in error."
- May 10, 2013: The Federal Circuit heard oral argument in Rusbuldt v. Shinseki regarding when the absence of evidence may be used to deny a claim [listen here] and McCulley v. Shinseki regarding when a physician's CV must be provided pursuant to the duty to assist [listen here].
- May 9, 2013: The CAVC issued opinions in Beraud v. Shinseki regarding when a claim pending under 38 C.F.R. § 3.156(b) is rendered final by an subsequent adjudication [download .pdf] and Romanowsky v. Shinseki regarding how to determine whether the claimant may have had a disability during the pendency of a claim [download .pdf]
- May 9, 2013: New article added to the Article Index page — Robert N. Davis, Veterans Fighting Wars at Home and Abroad, 45 Tex. Tech L. Rev. 389 (2013)
- May 9, 2013: The Federal Circuit heard oral argument in Mikitaroff v. Shinseki regarding the value of medical opinions that reject the premises of prior benefit awards [listen here] and Brewer v. Shinseki regarding the constitutionality of the provisions allowing for sua sponte reconsideration of decisions [listen here].
- May 8, 2013: The Federal Circuit heard oral argument in Chastain v. Shinseki regarding the analysis of a CUE allegation based upon omitted evidence [listen here], Cross v. Shinseki regarding the need to obtain informed consent from a veteran with dementia prior to a VA surgery [listen here], and Boza v. Shinseki regarding the proper effective date for additional symptoms of a service connected disability [listen here].
- May 7, 2013: The Federal Circuit heard oral argument in Escobar v. Shinseki regarding the standard of review in a TDIU claim [listen here] and in Cameron v. Shinseki regarding when attorneys may charge fees [listen here]
- May 6, 2013: The Federal Circuit heard oral argument in Henderson v. Shinseki regarding the application of collateral estoppel in adjudication of CUE motions [listen here] and Sprinkle v. Shinseki regarding a claimant's "fair process" right under Thurber to a copy of a medical opinion relied upon to deny a claim [listen here].
- May 3, 2013: The Federal Circuit issued opinions in Parks v. Shinseki regarding the competency of a nurse practitioner to render a medical opinion [download .pdf], and Kyhn v. Shinseki regarding the CAVC's ability to consider evidence outside the record of VA's procedures [download .pdf]
- May 3, 2013: The CAVC issued a precedential order in Solze v. Shinseki regarding the parties' duty to inform the Court of relevent developments when a petition for extraordinary relief is pending. [download .pdf]
April 2013
- Apr. 29, 2013: The CAVC issued an opinion in Trafter v. Shinseki regarding the standard for standard for triggering the duty to assist in a claim under 38 U.S.C. § 1151. [download .pdf]
- Apr. 19, 2013: VA announced an initiative to issue "provisional decisions" in older cases. Details on the new procedures can be found in VA's press release.
- Apr. 16, 2013: The CAVC heard oral argument in Solze v. Shinseki on motion for reconsideration regarding the appropriate action for the Court to take when counsel fails to promptly inform the Court of new, relevant facts. [listen here].
- Apr. 14, 2013: Five new articles added to the Article Index Page — James D. Ridgway, Recovering an Institutional Memory: The Origins of the Modern Veterans' Benefits System from 1914 to 1958, 5 Veterans L. Rev. 1 (2013) [available here]; Eric C. Yarnell, Medals of Dishonor?: Military, Free Speech and the Stolen Valor Act, 5 Veterans L. Rev. 56 (2013) [available here]; Michael P. Allen, Commentary on Three Cases from the Federal Circuit and the Court of Appeals for Veterans Claims as We Approach Twenty-Five Years of Judicial Review of Veterans' Benefits, 5 Veterans L. Rev. 136 (2013)[available here]; Corey L. Bosely and Bradley W. Hennings, A Proposed Approach to the BVA's Clarified Hearing Duties to Explain and Suggest Pursuant to Bryant v. Shinseki, 5 Veterans L. Rev. 164 (2013) [available here]; and Bridgid Cleary and Michael Tooshi, Camp Lejeune Revisited: Strategies for Implementing aProgram of Benefits for Veterans' Dependents, 5 Veterans L Rev. 201 (2013) [available here]
- Apr. 8, 2013: The Federal Circuit issued an opinion in Vazquez-Claudio v. Shinseki regarding the rating of PTSD. [download .pdf]
- Apr. 5, 2013: The Federal Circuit heard oral argument in Wildman v. Shinseki regarding whether EAJA fees can be collected for work prior to an appeal to the CAVC [listen here] and Toomer v. Shinseki regarding the application of the presumption of regularity to VA mailings [listen here]
- Apr. 4, 2013: The Federal Circuit heard oral argument in Colon-Rivera v. Shinseki regarding when a veteran can waive further development of a claim [listen here] and Farmer v. Shinseki regarding how 38 C.F.R. § 3.304(f)(3) applies to an in-service personal assault [listen here].
- Apr. 3, 2013: The National Academies Press released Returning Home from Iraq and Afghanistan: Assessment of Readjustment Needs of Veterans, Service Members, and Their Families. Download a free .pdf copy from the NAP website.
- Apr. 1, 2013: The Federal Circuit heard oral argument in Peterson v. Shinseki regarding a CUE motion asserting new evidence filed during an appeal period [listen here] and in Kernea v. Shinseki regarding the retroactivity of regularity changes eliminating DIC based upon hypothetical entitlement to TDIU [listen here].
March 2013
- Mar. 29, 2013: The CAVC has released its annual report for FY2012. [download .pdf]
- Mar. 29, 2013: Raymond T. Chen and Todd M. Hughes have been nominated to vacancies on the Federal Circuit. [link to White House press release]
- Mar. 27, 2013: The CAVC issued an en banc opinion in Johnson v. Shinseki regarding extraschedular ratings based upon multiple disabilities. [download .pdf]
- Mar. 21, 2013: The Federal Circuit issued a precedential order in National Org. of Veterans Advoc. v. Shinseki regarding the Court's power to sanction government conduct. [download .pdf]
- Mar. 19, 2013: The Board of Veterans' Appeals has released its annual report for FY2012. [download .pdf]
- Mar. 19, 2013: Richard G. Taranto has been confirmed and begun active service as the newest member of the Federal Circuit. [link to official court bio]
- Mar. 15, 2013: The CAVC issued an opinion in Robertson v. Shinseki regarding the effect of a pardon on an unfavorable discharge. [download .pdf]
- Mar. 15, 2013: New report added to the GAO Reports page — GAO-13-453T, Veteran's Disability Benefits: Challenges to Timely Processing Persist (Mar 13, 2013) [download .pdf]
- Mar. 13, 2013: The Senate Veterans Affairs Committee held a hearing — VA Claims Process: Review of VA's Transformation Efforts. [watch here]
- Mar. 12, 2013: The CAVC issued an en banc order in Rickett v. Shinseki regarding equitable tolling. [download .pdf]
- Mar. 11, 2013: The Federal Circuit issued an opinion in Beasley v. Shinseki regarding the use of an extraordinary writ to remedy an alleged duty to assist violation. [download .pdf]
- Mar. 8, 2013: The Federal Circuit heard oral argument in AZ v. Shinseki and AY v. Shinseki regarding when the absence of records can be considered negative evidence [listen here] and [here], and in Fears v. Shinseki regarding when service connection may be granted for arthritis based upon continuity of symptomotology [listen here].
- Mar. 6, 2013: The Federal Circuit heard oral argument in Benjamin v. Shinseki regarding the scope of 38 C.F.R. § 3.156(c) and the determination of an effective date for a reopened claim. [listen here]
- Mar. 5, 2013: The Federal Circuit heard oral argument in Burden v. Shinseki, regarding whether the benefit of the doubt applies to determinations of whether a common law marriage existed under state law [listen here], Coleman v. Shinseki regarding the same issue [listen here], Morrison v. Shinseki regarding the law for reducing a rating due to missing a scheduled examination as it existed in 1984 [listen here], and Hall v. Shinseki regarding how 38 C.F.R. § 3.304(f)(3) applies to an in-service sexual assault [listen here].
- Mar. 4, 2013: The Federal Circuit heard oral argument in Groner v. Shinseki regarding the compensation for conditions potentially related to inactive duty for training [listen here], and Farrow v. Shinseki regarding whether a TDIU rating is presumptive under 38 C.F.R. § 4.16(a) (2012) [listen here]
February 2013
- Feb. 28, 2013: VA has released its Strategic Plan to Eliminate the Compensation Claims Backlog. [download .pdf]
- Feb. 27, 2013: The CAVC issued an opinion in Shephard v. Shinseki regarding benefits withheld because the veteran was incarcerated. [download .pdf]
- Feb. 21, 2013: The Federal Circuit issued an opinion in Walker v. Shinseki regarding the definition of "chronic" and the limits of the applicability of the theory of continuity of symptomatology. [download .pdf]
- Feb. 19, 2013: The CAVC issued an opinion in Bowers v. Shinseki regarding the presumption of service connection for ALS under 38 C.F.R. § 3.318 (2012). [download .pdf]
- Feb. 19, 2013: Registration for the CAVC's Twelfth Judicial Conference is now open. [click here for more details]
- Feb. 8, 2013: The Independent Budget for FY2014 has been released [download .pdf]
- Feb. 8, 2013: A new article was added to the Article Index Page — Daniel J. Riegel, Note, Closing the 90/10 Loophole in the Higher Education Act: How to Stop Exploitation of Veterans, Protect American Taxpayers, and Restore Market Incentives to the For-Profit College Industry, 81 Geo. Wash. L. Rev. 259 (2013).
- Feb. 5, 2013: VA's Office of Inspector General released a new report — Review of VBA's Transition to a Paperless Claims Processing Environment, Report Number 11-04376-81, Feb. 4, 2013 [download .pdf]
- Feb. 5, 2013: The Federal Circuit heard oral argument in Pirkl v. Shinseki regarding the effect of a finding of clear and unmistakable error in a rating reduction decision on decisions subsequent to the erroneous reduction [listen here], Parks v. Shinseki regarding a veteran's challenge to the competency of a nurse practitioner on appeal to the CAVC [listen here], and Vazquez-Claudio v. Shinseki regarding the criteria for rating a mental disability [listen here].
- Feb. 4, 2013: The Federal Circuit heard oral argument in Bechtel v. Shinseki regarding the provisions that allow an effective date of up to one year prior to the filing of a claim for an increased disability rating. [listen here]
January 2013
- Jan. 31, 2013: The Federal Circuit issued an opinion in Viegas v. Shinseki regarding when an injury may be considered caused by hospital care or medical treatment for purposes of 38 U.S.C. § 1151. [download .pdf]
- Jan. 31, 2013: The CAVC issued an opinion in Andrews v. Shinseki regarding whether the time period to use vocational rehabilitation benefits runs while a veteran is appealing a denial of such a claim. [download .pdf]
- Jan. 30, 2013: The Federal Circuit issued an opinion in Deloach v. Shinseki regarding when the CAVC should reverse rather than remand. [download .pdf]
- Jan. 30, 2013: The CAVC heard oral argument in Trafter v. Shinseki regarding when the duty to assist is triggered by lay assertions of depression caused by a failure to diagnose a recurrence of cancer. [listen here].
- Jan. 29, 2013: The CAVC heard oral argument in Kelley v. Shinseki regarding when VA must communicate with a claimant only through his attorney. [listen here].
- Jan. 24, 2013: The CAVC issued an opinion on Clennan v. Shinseki regarding the procedures involved in discontinuing supervised direct pay status for an incompetent veteran and appoint a fiduciary. [download .pdf]
- Jan. 18, 2013: New report added to the GAO Reports page — GAO-13-89 Timely Processing Remains a Daunting Challenge (Dec. 21, 2012) [download .pdf]
- Jan. 15, 2013: The CAVC heard oral argument in Shephard v. Shinseki regarding payment of benefits to incarcerated veterans. [listen here]
- Jan. 15, 2013: The CAVC issued an opinion in El-Amin v. Shinseki regarding the requirements of an adequate medical opinion [download .pdf]
- Jan. 11, 2013: The Federal Circuit heard oral argument in Colantonio v. Shinseki regarding the substantial justification element of an EAJA application [listen here] and Slayton v. Shinseki regarding earlier effect dates based upon service department records that were not originally obtained [listen here].
- Jan. 10, 2013: The Federal Circuit heard oral argument in Shreve v. Shinseki regarding whether the BVA must decide substitution issues in the first instance [listen here], Kelley v. Shinseki regarding the 1944 standard for severing service connection [listen here], and Mason v. Shinseki regarding what constitutes the same claim for purposes of an attorney's ability to charge a fee for representation [listen here].
Article Index page — Michael D. Sant'Ambrogio & Adam S. Zimmerman, The Agency Class Action, 112 Columbia L. Rev. 1992 (2012) [available here] - Jan. 9, 2013: The Federal Circuit heard oral argument in Porriello v. Shinseki regarding the presumptions of sound condition and aggravation [listen here] and in Beasley v. Shinseki regarding whether a veteran has a right to a medical opinion from his treating physician at VA [listen here].
- Jan. 4, 2013: The Federal Circuit issued an opinion in Harris v. Shinseki regarding which documents may qualify as informal claims for benefits. [download .pdf]
- Jan. 4, 2013: The CAVC issued an opinion in Solze v. Shinseki regarding when it may order extraordinary relief while an appeal of a fiduciary decision in pending within VA. [download .pdf]
- Jan. 4, 2013: The CAVC issued an opinion in Checo v. Shinseki regarding when homeless may be an extraordinary circumstance to warrant equitable tolling of the time in which to file a Notice of Appeal. [download .pdf]