SERVICE ADVISORY — Links in the archive are not maintained. As a result, older links to opinions and arguments may not work or may no longer link directly to the object.
December 2013
- Dec. 17, 2013: VA published a new final rule — Secondary Service Connection for Diagnosable Illnesses Associated With Traumatic Brain Injury, 78 Fed. Reg. 76,196 (Dec. 17, 2013) [download .pdf]
- Dec. 13, 2013: The CAVC heard oral argument in Martin v. Shinseki regarding Supplemental Service Disabled Veterans' Insurance under 38 U.S.C. § 1922A.[listen here]
- Dec. 12, 2013: The CAVC heard oral argument in Moffitt v. Shinseki regarding the retroactive application of regulatory changes. [listen here]
- Dec. 11, 2013: The CAVC heard oral argument in King v. Shinseki regarding the clear and unmistakable error standard. [listen here]
- Dec. 11, 2013: The Senate Veterans Affairs Committee held a hearing — VA Claims System: Review of VA's Transformational Progress [link to Senate page for the hearing].
- Dec. 9, 2013: The Federal Circuit issued an opinion in Sneed v. Shinseki regarding equitable tolling based upon attorney abandonment. [download .pdf]
- Dec. 6, 2013: The Federal Circuit heard oral argument in Baughman v. Shinseki regarding equitable tolling of the time to file a Substantive Appeal. [listen here]
- Dec. 5, 2013: The Federal Circuit heard oral argument in Smith v. Shinseki regarding the requirements for an adequate hearing-loss examination [listen here]. Audio has also been added in the court's Dec. 3 argument in Gilbert v. Shinseki regarding the presumption of soundness [listen here].
- Dec. 4, 2013: The House Committee on Veterans' Affairs held a hearing — Adjudicating VA's Most Complex Disability Claims: Ensuring Quality, Accuracy and Consistency on Complicated Issues. [link to House page for the hearing]
- Dec. 4, 2013: New article added to the Article Index page — Kelly H. Koo & Shira Maguen, Military Sexual Trauma and Mental Health Diagnoses in Female Veterans Returning from Afghanistan and Iraq: Barriers and Facilitators to Veterans Affairs Care, 25 Hastings Women's L.J. 27 (2014).
- Dec. 4, 2013: The audio for the December 2, 2013, arguments in Stallworth and Harrison are now available.
- Dec. 3, 2013: The Federal Circuit heard oral argument Griffin v. Shinseki regarding the meaning of "prostrating" for purposes of rating headaches [listen here], Edwards v. Shinseki regarding when a purported NOD can be rejected for lack of specificity [listen here], and Frank v. Shinseki regarding the CAVC's fact finding ability when considering whether an error was harmless [listen here].
- Dec. 2, 2013: The Federal Circuit heard oral argument in Mason v. Shinseki regarding the time in which an attorney has to appeal VA's denial of a fee sought by an attorney. [listen here]. The Court also heard argument in Stallworth v. Shinseki regarding the requirements for a medical opinion used to sever service connection [listen here] and Harrison v. Shinseki regarding when added service department records can be the basis of an earlier effective date [listen here].
November 2013
- Nov. 27, 2013: VA published a new proposed rule — VA Compensation and Pension Regulation Rewrite Project, 78 Fed. Reg. 71,042 (Nov. 27, 2013) [download .pdf]
- Nov. 21, 2013: The audio has now been added for yesterday's argument in Carter.
- Nov. 20, 2013: VA published a new proposed rule — Home Improvements and Structural Alterations (HISA) Benefits Program, 78 Fed. Reg. 69,614 (Nov. 20, 2013) [download .pdf]
- Nov. 20, 2013: The CAVC heard oral argument in Carter v. Shinseki regarding the effect of a joint motion for remand on future appeals. [listen here]
- Nov. 19, 2013: The Federal Circuit issued a decision in Prinkey v. Shinseki regarding the evidence necessary to sever an award of service connection. [download .pdf]
- Nov. 19, 2013: The CAVC heard oral argument in Jackson v. Shinseki regarding the status of an attorney's fee if the veteran dies after service connection is granted but before the award is processed. [listen here]
- Nov. 9, 2013: New article added to the Article Index page — Sanford J. Mall, The Future of Veterans' Benefits, 9 NAELA J. 167 (2013)
- Nov. 8, 2013: The Federal Circuit heard oral argument in Hightower v. Shinseki regarding 38 C.F.R. § 3.304(f)(3) and the relevance of medical opinions rendered prior to the regulatory change. [listen here]
- Nov. 6, 2013: The Federal Circuit heard oral argument in Dixon v. Shinseki regarding an appellant's ability to submit new evidence when seeking reconsideration of a denial of equitable tolling. [listen here]
- Nov. 6, 2013: The CAVC heard oral argument in Pacheco v. Shinseki regarding effective dates under 38 C.F.R. § 3.156(c) based upon previously unobtained military records. [listen here]
- Nov. 5, 2013: The CAVC issued an opinion in Floore v. Shinseki regarding the adequacy of medical opinions when TDIU is sought. [download .pdf]
- Nov. 5, 2013: The CAVC heard oral argument in Tatum v. Shinseki regarding convalescent ratings. [listen here]
- Nov. 1, 2013: Audio from the CAVC's October 30, 2013, argument in Ausmer v. Shinseki is now available. [listen here]
October 2013
- Oct. 31, 2013: VA published a new proposed rule — Standard Claims and Appeals Forms, 78 Fed. Reg. 65,490 (Oct. 31, 2013) [download .pdf]
- Oct. 30, 2013: The CAVC heard oral argument at Harvard in Ausmer v. Shinseki regarding the tolling of the time to appeal when a veteran is activated and deployed when the BVA issues a decision. Audio will be posted when available.
- Oct. 29, 2013: The Federal Circuit issued an opinion in Geib v. Shinseki regarding the duty to assist in TDIU rating cases. [download .pdf]
- Oct. 28, 2013: The CAVC issued an opinion in Gill v. Shinseki regarding the blood pressure readings necessary to rate hypertension. [download .pdf]
- Oct. 24, 2013: The Federal Circuit issued opinions in Wagner v. Shinseki regarding when partial EAJA awards are payable [download .pdf] and Sprinkle v. Shinseki regarding a claimant's right to respond to a VA medical opinion [download .pdf].
- Oct. 24, 2013: New article added to the Article Index page — Andrew Woodbury, Note, Witnesses to War: Using Lay Evidence to Assert a Veteran's Claim for Benefits, 23 Fed. Circuit B.J. 159 (2013)
- Oct. 22, 2013: The Independent Budget Group of Veterans Service Organizations has released its Critical Issues Report for FY2015. [download .pdf]
- Oct. 22, 2013: The CAVC issued an opinion in Kyhn v. Shinseki regarding the proper handling of procedural arguments raised for the first time to the Court. [download .pdf]
- Oct. 22, 2013: The CAVC heard oral argument in King v. Shinseki regarding what verification VA must seek from a service department for pension purposes regarding a Veteran's AWOL status. [listen here]
- Oct. 17, 2013: Audio from the Federal Circuit's off-site argument in DeYoung v. Shinseki regarding the presumption of soundness is now available. [listen here]. Audio from Mlekoday will be posted when available.
- Oct. 10, 2013: The Federal Circuit issued an opinion in Tyrues v. Shinseki regarding the finality of Board decisions that bifurcate a claim. [download .pdf]
- Oct. 10, 2013: The CAVC heard oral argument in Cruz v. Shinseki regarding the Secretary's duty to assist Filipinos claiming WWII service. [listen here]
- Oct. 8, 2013: The Federal Circuit heard oral argument off site in DeYoung v. Shinseki and Mlekoday v. Shinseki. Audio will be posted when available.
- Oct. 7, 2013: The Federal Circuit heard oral argument in Prinkey v. Shinseki regarding severance of service connection. [listen here]
September 2013
- Sept. 30, 2013: The Federal Circuit issue an opinion in AZ v. Shinseki regarding stressor determinations in PTSD cases based upon a sexual assault during service. [download .pdf]
- Sept. 26, 2013: The CAVC issued an opinion in Schertz v. Shinseki regarding the scope of the not-reasonably-foreseeable prong of 38 U.S.C. § 1151. [download .pdf]
- Sept. 24, 2013: Todd Hughes was confirmed as the newest member of the U.S. Court of Appeals for the Federal Circuit.
- Sept. 12, 2013: The Federal Circuit heard oral argument in Wagner v. Shinseki regarding when an uncontested portion of EAJA fees becomes payable. [listen here]
- Sept. 11, 2013: The CAVC issued a precedential order in Ratliff v. Shinseki regarding which actions toll the time period for filing an NOA with the Court. [download .pdf]
- Sept. 11, 2013: The House Committee on Veterans' Affairs held a hearing — Implementation Update: Fully Developed Claims [link to House page for the hearing]
- Sept. 11, 2013: The Federal Circuit heard oral argument in Zellner v. Shinseki regarding whether due process requires appellate rights be provided by VA after a determination that a claim has been abandoned. [listen here]
- Sept. 11, 2013: VA issued a new proposed regulation — Hospital Care and Medical Services for Camp Lejeune Veterans, 78 Fed. Reg. 55671 (Sept. 11, 2013). [download .pdf]
- Sept. 10, 2013: The CAVC heard oral argument in Floore v. Shinseki regarding the duty to assist in TDIU claims. Audio has not yet been made available by the Court.
- Sept. 10, 2013: The Federal Circuit heard oral argument in Sneed v. Shinseki regarding when attorney abandonment may be the basis of equitablly tolling the time to appeal to the CAVC. [listen here]
- Sept. 6, 2013: VA issued a new final regulation — Disease Associated With Exposure to Certain Herbicide Agents: Peripheral Neuropathy,78 Fed. Reg. 54763 (Sept. 6, 2013) [download .pdf]
- Sept. 3, 2013: The CAVC issued an opinion in Garsow v. Shinseki regarding prevailing-party status under EAJA [download .pdf]
- Sept. 3, 2013: A new article was added to the Article Index Page — Lindsay I. McCarl, "To Have No Yesterday": The Rise of Suicide Rates in the Military and Among Veterans, 46 Creighton L. Rev. 393 (2013). [download .pdf]
August 2013
- Aug. 30, 2013: The CAVC issued an opinion in Cline v. Shinseki regarding the test to determine whether the Secretary's position was substantially justified when an appellant seeks EAJA fees. [download .pdf]
- Aug. 27, 2013: The CAVC heard oral argument in Gill v. Shinseki regarding the measurements required to assign a disability rating for hypertension. [listen here]
- Aug. 16, 2013: The CAVC issued an opinion in Wingard v. Shinseki regarding the validity of noncompensable ratings. [download .pdf]
- Aug. 15, 2013: The Federal Circuit issued an opinion in Middleton v. Shinseki regarding the disability rating criteria for diabetes mellitus. [download .pdf]
- Aug. 14, 2013: The CAVC heard oral argument in Schertz v. Shinseki regarding the proper standard for determining whether an outcome of a surgery was reasonably foreseeable. [listen here]
- Aug. 9, 2013: A new article was added to the Article Index Page — Craig M. Kabatchnick, Radioactive Veterans: A New Look at the Nuclear History of America, 14 Marq. Elder's Advisor 141 (2013)
- Aug. 6, 2013: The Federal Circuit heard oral argument in Mercier v. Shinseki regarding how to analyze whether an RO decision committed clear and unmistakable error in the era prior to when such decisions were required to include an explanation. [listen here]
- Aug. 5, 2013: The Federal Circuit issued a decision in National Org.of Veterans Advoc. v. Shinseki addressing the government's response to the Court's March 21, 2013, order to show cause why sanctions should not be imposed. [download .pdf]
- Aug. 5, 2013: The Federal Circuit heard oral argument in Ellis v. Shinseki regarding when the failure to correctly evaluate the evidence can rise to the level of clear and unmistakable error. [listen here]
- Aug. 1, 2013: The Federal Circuit issued an opinion in Kernea v. Shinseki regarding enhanced dependency and indemnity compensation under 38 U.S.C.§ 1311(a)(2). [download .pdf]
- Aug. 1, 2013: Raymond Chen was confirmed as the newest member of the U.S. Court of Appeals for the Federal Circuit.
July 2013
- July 29, 2013: The Federal Circuit issued an opinion in Massie v. Shinseki regarding when a medical record may be considered a claim for an increased rating. [download .pdf]
- July 29, 2013: A new article was added to the Article Index Page — James D. Ridgway, Fresh Eyes on Persistent Issues: Veterans Law at the Federal Circuit in 2012, 62 Am. L. Rev. 1037 (2013) [available here]
- July 16, 2013: The Federal Circuit issued an opinion in Burden v. Shinseki regarding the burden of proof in establishing a common-law marriage. [download .pdf]
- July 16, 2013: Audio has been added for the July 9, 2013, Federal Circuit oral argument in Jernigan v. Shinseki regarding determining the effect of a notice error. [listen here]
- July 10, 2013: The CAVC withdrew its May 9 opinion in Romanowsky v. Shinseki and issued a new opinion regarding how to determine whether the claimant may have had a disability during the pendency of a claim. [download .pdf]
- July 10, 2013: The Federal Circuit heard oral argument in Tyrues v. Shinseki regarding the proper time to appeal a bifurcated claim. [listen here]
- July 9, 2013: The Federal Circuit heard oral argument in Dellosa v. Shinseki regarding when the duty to assist is triggered in the absence of medical evidence [listen here] and Robinson v. Shinseki regarding the requirement to perfect an appeal within VA after filing an NOD [listen here].
- July 9, 2013: VA has updated its registry of Vietnam-era ships that had activity that presumptively exposed crew members to Agent Orange. [link to VA registry page].
- July 8, 2013: The Federal Circuit issued an opinion in Yonek v. Shinseki regarding the proper disability rating for shoulder disabilities. [download .pdf]