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 2014
- Dec. 24, 2014: The Federal Circuit issued an opinion in Sanchez-Navarro v. McDonald regarding when the duty to obtain a medical opinion is triggered in PTSD claims where 38 C.F.R. § 3.304(f) is implicated. [download .pdf]
- Dec. 11, 2014: The CAVC heard oral argument in Wages v. McDonald regarding the Board’s authority to review decisions by the Director of Compensation Services denying TDIU under 38 C.F.R. § 4.16(b). [listen here]
- Dec. 9, 2014: The Federal Circuit issued an opinion in Blubaugh v. McDonald regarding the proper scope of 38 C.F.R. § 3.156(c) in assigning an effective date based upon service department records that were not initially obtained. [download .pdf]
- Dec. 4, 2014: The CAVC issued an opinion in Gazaille v. McDonald regarding the requirement that a surviving spouse be married to a veteran for a year prior to his death to be eligible for DIC benefits. [download .pdf]
- Dec. 4, 2014: The Federal Circuit heard oral argument in O'Hara v. McDonald regarding the use of medical treatise evidence. [listen here]
- Dec. 2, 2014: The CAVC issued an en banc opinion in Evans v. McDonald regarding a motion alleging CUE for failure to refer a case for consideration of an award of TDIU under 38 C.F.R. § 4.16(b). [download .pdf]
- Dec. 2, 2014: The Federal Circuit heard oral argument in Smith v. McDonald regarding the scope of the relief granted in NOVA v. DVA [listen here] and Johnson v. McDonald regarding how the Board must consider potential entitlement TDIU for purposes of eligibility for SMC [listen here].
- Dec. 1, 2014: The Federal Circuit heard oral argument in Terry v. McDonald regarding whether VA may reject a stressor for a PTSD claim without first obtaining an examination of the claimant [listen here] and Bruce v. McDonald regarding the presumption that the Board considered all relevant evidence [listen here].
November 2014
- Nov. 25, 2014: The CAVC issued a precedential order in Groves v. McDonald regarding when civil contempt sanctions should be issued for delay in implementing a court decision. [download .pdf]
- Nov. 20, 2014: The Federal Circuit issued an opinion in O'Bryan v. McDonald regarding when a congenital or developmental condition is a non-compensable
defect. [download .pdf] - Nov. 19, 2014: New report added to the GAO reports page --- GAO-15-50, Veteran's Disability Benefits: Improvements Could Further Enhance Quality Assurance Efforts (Nov. 19, 2014) [download .pdf]
- Nov. 14, 2014: The CAVC issued an en banc opinion in Leavey v. McDonald regarding a Board member's duty to explain the issues at a hearing. [download .pdf]
- Nov. 11, 2014: New article added to the Article Index page --- James D. Ridgway, Toward a Less Adversarial Relationship Between Chevron and Gardner, 9 U. Mass. L. Rev. 388 (2014) [download .pdf]
- Nov. 6, 2014: The Federal Circuit heard oral argument in Garsow v. McDonald regarding prevailing party status for purposes of an EAJA award [listen here] and Sanchez-Navarro v. McDonald regarding when VA is required to seek a medical opinion in a claim for PTSD [listen here].
- Nov. 5, 2014: The Federal Circuit heard oral argument in Phillips v. McDonald regarding the requirements for alleging a potential claim of bias by a Veterans Law Judge [listen here], Toomer v. McDonald regarding equitable tolling when a Board decision is remailed to a veteran [listen here], and Hinkle v. McDonald regarding the government's burden to overcome the presumption of soundness [listen here].
- Nov. 4, 2014: The Federal Circuit heard oral argument in Grimsley v. McDonald regarding the requirements for rating a mental disability [listen here] and DeBord v. McDonald regarding whether the BVA must provide notice before making a credibility determination in the first instance [listen here].
October 2014
- Oct. 30, 2014: The CAVC issued an opinion in Nohr v. McDonald regarding VA's duty to respond to interrogatories directed at a physician providing a medical opinion as to a claim. [download .pdf]
- Oct. 29, 2014: The CAVC issued a precedential order in Sugiutan v. McDonald regarding substitution in claims under the Filipino Veterans Equity Compensation Fund. [download .pdf]
- Oct. 22, 2014: The CAVC heard oral argument in Swain v. McDonald regarding whether the effective date for an increased rating for hearing loss may be assigned earlier than the date of the examination that verified that veteran's hearing qualified for a higher rating. [listen here]
- Oct. 15, 2014: The CAVC heard oral argument in Gazaille v. McDonald regarding whether a surviving spouse must have been married to a veteran for a full year to collect DIC benefits if VA was responsible for the veteran's death. [listen here]
- Oct. 8, 2014: The Federal Circuit heard oral argument in Richardson v. McDonald regarding substitution at the Board of Veterans' Appeals. [listen here]
- Oct. 8, 2014: The Federal Circuit heard oral argument in Fern v. McDonald regarding when claims remain pending under 38 C.F.R. § 3.156(b) [listen here], Russell v. McDonald regarding VA's duty to notify a veteran of the applicable criteria used to rate a disability [listen here], and Branson v. McDonald regarding when a claim for benefits has been raised [listen here].
- Oct. 7, 2014: The CAVC issued an opinion in Roberts v. McDonald regarding offset of annuity benefits under the Survival Benefits Plan, 10 U.S.C. §§ 1447-1455, against DIC benefits. [download .pdf]
- Oct. 7, 2014: The Federal Circuit heard oral argument in Brown v. McDonald regarding prevailing party status in writ-petition cases at the CAVC [listen here], and in Ordillas v. McDonald regarding the disability rating criteria for migraine headaches [listen here].
- Oct. 6, 2014: The Federal Circuit heard oral argument in O'Bryan v. McDonald regarding whether a genetic condition is always a defect or may be a disease in some circumstances. [listen here]
September 2014
- Sept. 24, 2014: VA published a new final rule --- Standard Claims and Appeals Forms, 79 Fed. Reg. 57,660 [download .pdf]
- Sept. 24, 2014: VA published a new interim final rule --- Payment or Reimbursement for Certain Medical Expenses for Camp Lejeune Family Members, 79 Fed. Reg. 57,415 [download .pdf]
- Sept. 24, 2014: VA published a new final rule --- Hospital Care and Medical Services for Camp Lejeune Veterans, 79 Fed. Reg. 57,410 [download .pdf]
- Sept. 24, 2014: The Federal Circuit issued an opinion in Carroll v. McDonald regarding DIC benefits for surviving spouses who remarry. [download .pdf]
- Sept. 23, 2014: Audio is now available for the CAVC argument in Nohr.
- Sept. 18, 2014: The CAVC heard oral argument in Nohr v. McDonald regarding whether claimants have a due process right to have interrogatories answered by VA medical examiners. [listen here]
- Sept. 15, 2014: The Sept. 8 argument in Martin that was omitted has been added below in its proper place.
- Sept. 12, 2014: The Federal Circuit issued opinions in Joyner v. McDonald regarding compensation for Gulf War illnesses under 38 U.S.C. § 1117 [download .pdf] and in Beraud v. McDonald regarding the effect of new and material evidence on the finality of a decision under 38 C.F.R. § 3.156(b) [download .pdf].
- Sept. 12, 2014: New article added to the Article Index page --- Matthew Ivey, The Broken Promises of an All-Volunteer Military, 86 Temp. L. Rev. 525 (2014) [download .pdf]
- Sept. 11, 2014: New article added to the Article Index page --- Alma Nunley, Note, Service Dogs for (Some) Veterans: Inequality in the Treatment of Disabilities by the Department of Veterans Affairs, 17 Quinnipiac Health L.J. 261 (2014)
- Sept. 8, 2014: The Federal Circuit heard oral argument in Martin v. McDonald regarding reducing a rating after a disease has been cured. [download .pdf]
- Sept. 8, 2014: The Federal Circuit issued an opinion in Young v. McDonald regarding the proper effective date in a PTSD claim. [download .pdf]
- Sept. 5, 2014: VA published a new final rule --- Substitution in Case of Death of Claimant, 79 Fed. Reg. 52,977 [download .pdf]
- Sept. 3, 2014: The CAVC issued an opinion in Todd v. McDonald regarding
entitlement to a total disability evaluation based on individual unemployability. [download .pdf]
August 2014
- Aug. 29, 2014: The CAVC issued a precedential order in Checo v. McDonald regarding equitable tolling. [download .pdf]
- Aug. 26, 2014: The CAVC issued an opinion in Tagupa v. McDonald regarding the duty to assist claimants in verifying service. [download .pdf]
- Aug. 13, 2014: The CAVC heard en banc oral argument in Evans v. McDonald regarding an allegation of clear and unmistakable error based upon the failure to refer a claim for extraschedular TDIU consideration. [listen here]
- Aug. 6, 2014: The Federal Circuit issued an opinion in Johnson v. McDonald regarding extraschedular ratings. [download .pdf]
- Aug. 5, 2014: The Federal Circuit issued an opinion in Martin v. McDonald regarding whether failure to complete alcohol-abuse treatment is willful misconduct. [download .pdf]
- Aug. 5, 2014: The CAVC issued an opinion in Boyd v. McDonald regarding inextricably intertwined claims. [download .pdf]
- Aug. 4, 2014: VA published an interim final rule --- Schedule for Rating Disabilities—Mental Disorders and Definition of Psychosis for Certain VA Purposes, 79 Fed. Reg. 45093 (Aug. 4, 2014). [download .pdf]
July 2014
- Jul. 23, 2014: The Federal Circuit issued an opinion in Rusick v. Gibson regarding whether a determination of clear and unmistakable error for DIC purposes under 38 U.S.C. § 5121(a) creates entitlement to accrued benefits. [download .pdf]
- Jul. 22, 2014: The CAVC issued an opinion in Cacciola v. Gibson regarding the effect of abandoning a claim on appeal to the CAVC. [download .pdf]
- Jul. 21, 2014: The Federal Circuit issued an opinion in Robertson v. Gibson regarding the effect of discharges upgraded pursuant to Gerald Ford's Presidential Clemency Board. [download .pdf]
- Jul. 18, 2014: The CAVC issued an en banc opinion in Pacheco v. Gibson regarding the assignment of effective dates under 38 C.F.R. § 3.157(b). [download .pdf]
- Jul. 14, 2014: The House Veterans Affairs Committee held a hearing --- Evaluation of the Process to Achieve VBA Goals [House page for the hearing]
- Jul. 14, 2014: VA's Office of Inspector General released a new report --- Veterans Benefits Administration: Review of the Special Initiative To Process Rating Claims Pending Over 2 Years, Report Number 13-03699-209 (July 14, 2014) [download .pdf]
- Jul. 11, 2014: The Federal Circuit heard oral argument in Holland v. Gibson regarding the evidence required to prove a stressor in a PTSD claim based upon MST [listen here] and Beraud v. Gibson regarding when the submission of new evidence prevents a rating decision from becoming final [listen here].
- Jul. 10, 2014: The Federal Circuit heard oral argument in Williams v. Gibson regarding the criteria for an informal claim. [listen here].
- Jul. 9, 2014: The Federal Circuit heard oral argument in Joyner v. Gibson regarding whether pain alone can be considered a disability in a Gulf War illness claim [listen here] and Murphy v. Gibson regarding what constitutes adequate notice that a claim has been denied [listen here].
- Jul. 8, 2014: The CAVC issued an opinion in Mulder v. Gibson regarding the proper effective date for reduction of benefits based upon incarceration for a felony. [download .pdf]
- Jul. 8, 2014: The Federal Circuit heard oral argument in Carroll v. Gibson regarding the time period for certain remarried surviving spouses to apply for benefits. [listen here]
- Jul. 2, 2014: New article added to the Article Index page --- Victoria Hadfield Moshiashwili, Ending the Second 'Splendid Isolation'?: Veterans Law at the Federal Circuit in 2013, 63 Am. U. L. Rev. 1437 (2014) [download .pdf]
- Jul. 1, 2014: The CAVC issued an opinion in Hudgens v. Shinseki regarding the proper disability rating for a partial knee replacement. [download .pdf]