| 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The nomination of Gloria Wilson Shelton to the CAVC was also withdrawn.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. 17, 2011: The Federal Circuit issued an opinion in Byron v. Shinseki
regarding the CAVC's ability to reverse the Board in the absence of initial fact
finding below. [download .pdf]
Feb. 15, 2011: VA Secretary Shinseki testified before the House Veterans Affairs
Committee regarding the president's FY2013 budget for the agency. [link to
House page for hearing].
Feb. 14, 2011: The Chairman of the BVA released his annual report to Congress
for FY2011. Download a copy from the annual reports page.
Feb. 14, 2012: The Independent Budget for FY2013 has been released.
Download a copy from the Secondary Sources page.
Feb. 14, 2012: The CAVC issued a decision in Perez v. Shinseki regarding the
procedures for a claimant to change representatives during an appeal to the
BVA. [download .pdf]
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]
regarding the CAVC's ability to reverse the Board in the absence of initial fact
finding below. [download .pdf]
Feb. 15, 2011: VA Secretary Shinseki testified before the House Veterans Affairs
Committee regarding the president's FY2013 budget for the agency. [link to
House page for hearing].
Feb. 14, 2011: The Chairman of the BVA released his annual report to Congress
for FY2011. Download a copy from the annual reports page.
Feb. 14, 2012: The Independent Budget for FY2013 has been released.
Download a copy from the Secondary Sources page.
Feb. 14, 2012: The CAVC issued a decision in Perez v. Shinseki regarding the
procedures for a claimant to change representatives during an appeal to the
BVA. [download .pdf]
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]
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March 2012
Mar. 28, 2012: The Senate Veterans Affairs Committee had a hearing on the
nominations of Margaret Bartley and Coral Wong Pietsch to fill vacancies on the
CAVC. [watch here]
Mar. 28, 2012: The CAVC heard oral argument in Jernigan v. Shinseki regarding
when an informal claim has been abandoned for failing to respond to a request to
provide evidence. [listen here]
Mar. 27, 2012: The CAVC heard oral argument in Horn v. Shinseki regarding
the evidence necessary to rebut the presumption of sound condition. [listen here]
Mar. 23, 2012: The Federal Circuit issued an opinion in Akers v. Shinseki
regarding the criteria for an informal claim to reopen. [download .pdf]
Mar. 21, 2012: The CAVC has released its annual report for FY2011.
[download .pdf]
Mar. 21, 2012: The Federal Circuit issued an opinion in Ebel v. Shinseki
regarding its jurisdiction to hear an immediate appeal of a remand by the CAVC.
[download .pdf]
Mar. 9, 2012: The Federal Circuit heard oral argument in Germinaro v. Shinseki
regarding the Federal Circuit's ability to review prevailing party status in an EAJA
application [listen here] and Frederick v. Shinseki regarding the timeperiod for
certain surviving spouses to apply for reinstatement of DIC benefits [listen here].
Mar. 8, 2012: The Federal Circuit heard oral argument in Donnellan v. Shinseki
regarding the Federal Circuit's ability to hear an appeal of a CAVC remand [listen
here] and Soles v. Shinseki regarding the offset of a Federal Tort Claims Act
settlement against an award of benefits under 38 U.S.C. § 1151 [listen here].
Mar. 7, 2012: The Department of Justice has filed a motion in National
Organization of Veterans Advocates, Inc. v. Department of Veterans Affairs,
indicating that VA will withdraw the final rule promulgated in 76 Fed. Reg.
52,527 (Aug. 23, 2011), which abrogated the CAVC's decision in Bryant v.
Shinseki [download .pdf].
Mar. 7, 2012: The Federal Circuit heard oral argument in Gadash v. Shinseki
regarding resolving doubt in disability ratings [listen here], Reeves v. Shinseki
regarding substitution of a spouse during an appeal and regarding the
interpretation of CUE motions [listen here], and Duchesneau v. Shinseki
regarding the Federal Circuit's authority to hear an appeal of a remand by the
CAVC [listen here].
Mar. 6, 2012: The Federal Circuit heard oral argument in Greene v. Shinseki
regarding EAJA requirement that a remand be predicated on agency error [listen
here], and in Sindram v. Shinseki regarding the substance and notice of the
provisions governing reimbursement of medical expenses [listen here].
nominations of Margaret Bartley and Coral Wong Pietsch to fill vacancies on the
CAVC. [watch here]
Mar. 28, 2012: The CAVC heard oral argument in Jernigan v. Shinseki regarding
when an informal claim has been abandoned for failing to respond to a request to
provide evidence. [listen here]
Mar. 27, 2012: The CAVC heard oral argument in Horn v. Shinseki regarding
the evidence necessary to rebut the presumption of sound condition. [listen here]
Mar. 23, 2012: The Federal Circuit issued an opinion in Akers v. Shinseki
regarding the criteria for an informal claim to reopen. [download .pdf]
Mar. 21, 2012: The CAVC has released its annual report for FY2011.
[download .pdf]
Mar. 21, 2012: The Federal Circuit issued an opinion in Ebel v. Shinseki
regarding its jurisdiction to hear an immediate appeal of a remand by the CAVC.
[download .pdf]
Mar. 9, 2012: The Federal Circuit heard oral argument in Germinaro v. Shinseki
regarding the Federal Circuit's ability to review prevailing party status in an EAJA
application [listen here] and Frederick v. Shinseki regarding the timeperiod for
certain surviving spouses to apply for reinstatement of DIC benefits [listen here].
Mar. 8, 2012: The Federal Circuit heard oral argument in Donnellan v. Shinseki
regarding the Federal Circuit's ability to hear an appeal of a CAVC remand [listen
here] and Soles v. Shinseki regarding the offset of a Federal Tort Claims Act
settlement against an award of benefits under 38 U.S.C. § 1151 [listen here].
Mar. 7, 2012: The Department of Justice has filed a motion in National
Organization of Veterans Advocates, Inc. v. Department of Veterans Affairs,
indicating that VA will withdraw the final rule promulgated in 76 Fed. Reg.
52,527 (Aug. 23, 2011), which abrogated the CAVC's decision in Bryant v.
Shinseki [download .pdf].
Mar. 7, 2012: The Federal Circuit heard oral argument in Gadash v. Shinseki
regarding resolving doubt in disability ratings [listen here], Reeves v. Shinseki
regarding substitution of a spouse during an appeal and regarding the
interpretation of CUE motions [listen here], and Duchesneau v. Shinseki
regarding the Federal Circuit's authority to hear an appeal of a remand by the
CAVC [listen here].
Mar. 6, 2012: The Federal Circuit heard oral argument in Greene v. Shinseki
regarding EAJA requirement that a remand be predicated on agency error [listen
here], and in Sindram v. Shinseki regarding the substance and notice of the
provisions governing reimbursement of medical expenses [listen here].
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April 2012
Apr. 26, 2012: The Senate Veterans Affairs Committee reported the nominations
of Margaret Bartley and Coral Wong Pietsch for vacancies on the CAVC to the
full Senate for a final confirmation vote. [link to Senate nominations page]
Apr. 26, 2012: The Federal Circuit issued a decision in Githens v. Shinseki
regarding the relevance of non-service-connected disabilities to a decision on
TDIU. [download .pdf]
Apr. 26, 2012: The CAVC heard oral argument in Rickett v. Shinseki regarding
equitable tolling for a Notice of Appeal mailed to VA's Office of General
Counsel. [listen here]
Apr. 26, 2012: The Senate Veterans Committee posted testimony from its
hearing yesterday --- VA Mental Health Care: Evaluating Access and Assessing
Care [link to hearing page]
Apr. 25, 2012: The CAVC heard oral argument in Acevedo v. Shinseki regarding
the meaning of "hostile military activity" for purposes of VA's recent changes to
the PTSD stressor-verification regulations. [listen here]
Apr. 19, 2012: The Federal Circuit opened registration for its judicial conference
on May 17, 2012. [view program] [visit registration page]
Apr. 19, 2012: The CAVC issued a published order in Briley v. Shinseki
regarding the nature of a dismissal when an appellant dies without substitution.
[download .pdf]
Apr. 18, 2012: A new article was added to the Article Index page --- James D.
Ridgway, Equitable Power in the Time of Budget Austerity: The Problem of
Judicial Remedies for Unconstitutional Delays in Claims Processing by Federal
Agencies, 64 Admin. L. Rev. 57 (2012) [download .pdf]
Apr. 18, 2012: The House Veterans Affairs Committee held a hearing --- From
the Inside Out: A Look at Claims Representatives’ Role in the Disability Claims
Process [link to House page for the hearing]
Apr. 18, 2012: VA Repealed its prior rule change pursuant to its filing in Bryant
v. Shinseki --- Rules Governing Hearings Before the Agency of Original
Jurisdiction and the Board of Veterans’ Appeals; Repeal of Prior Rule Change, 77
Fed. Reg. 23138 (Apr. 18, 2012) [download .pdf]
Apr. 18, 2012: The Federal Circuit issued a decision in Donnellan v. Shinseki
regarding the circumstances in which it will hear an appeal of a remand by the
CAVC. [download .pdf]
Apr. 13, 2012: The CAVC released the audio from its oral argument on
Wednesday in Bowen v. Shinseki regarding whether the opportunity for a Board
hearing cures any prejudice from being improperly denied a hearing at the
regional office level. [listen here]
Apr. 12, 2012: The Federal Circuit issued a nonprecedential order in Tyrues v.
Shinseki vacating the en banc decision of the CAVC and remanding the case for
reconsideration in light of the Supreme Court's decision in Henderson v.
Shinseki. [download .pdf]
Apr. 11, 2012: The Federal Circuit issued a decision in Chandler v. Shinseki
reversing an en banc decision of the CAVC regarding eligibility for a special
monthly pension. [download .pdf]
Apr. 10, 2012: The CAVC heard oral argument in Mason v. Shinseki regarding
the procedures for an attorney to dispute entitlement to payment under a fee
agreement. [listen here]
Apr. 6, 2012: The fourth issue of the Veterans Law Review has been released
online and added to the Article Index Page.
Brianne Ogilvie and Emily Tamlyn, Coming Full Circle: How VBA Can
Complement Recent Changes in DOD and VHA Policy Regarding Military Sexual
Trauma, 4 Veterans L. Rev. 1 (2012) [download .pdf]
Jonathan Krisch, Judge, Jury and the Gate Keepter: vAdmitting and Weighing
Expert Testimony in Veterans' Claims Adjudication and the Federal Courts, 4
Veterans L. Rev. 41 (2012) [download .pdf]
Allison Lin, Warning: Don't Drink the Water : An Examination of Appropriate
Solutions for Veterans Exposed to Contaminated water at Marine Corps Base
Camp Le Jeune, 4 Veterans L. Rev. 85 (2012) [download .pdf]
Simone Coyle, Amy Ishizawar, and Holly Seesel, The Medical Examiner as
Factfinder: The Effect of the Lay Evidence Doctrine on VA's Duty to Assist in
Securing Medical Nexus Opinions, 4 Veterans L. Rev. 131 (2012) [download .
pdf]
Pamela Kravetz, Way Off Base: An Argument against Intimate Partner Violence
Cases in Veterans Treatment Courts, 4 Veterans L. Rev. 162 (2012) [download .
pdf]
Hillary Bunker, Shera Finn, and Chaz Lehman, Reforming the Equal Access to
Justice Act (EAJA) to Maximize Veterans' Receipt of Benefits and Increase
Efficiency of the Claims Process, 4 Veterans L. Rev. 206 (2012) [download .pdf]
Apr. 4, 2012: The Federal Circuit heard oral argument in Heino v. Shinseki
regarding the validity of the regulation defining the copayment that VA collects
from veterans for prescription medication. [listen here]
of Margaret Bartley and Coral Wong Pietsch for vacancies on the CAVC to the
full Senate for a final confirmation vote. [link to Senate nominations page]
Apr. 26, 2012: The Federal Circuit issued a decision in Githens v. Shinseki
regarding the relevance of non-service-connected disabilities to a decision on
TDIU. [download .pdf]
Apr. 26, 2012: The CAVC heard oral argument in Rickett v. Shinseki regarding
equitable tolling for a Notice of Appeal mailed to VA's Office of General
Counsel. [listen here]
Apr. 26, 2012: The Senate Veterans Committee posted testimony from its
hearing yesterday --- VA Mental Health Care: Evaluating Access and Assessing
Care [link to hearing page]
Apr. 25, 2012: The CAVC heard oral argument in Acevedo v. Shinseki regarding
the meaning of "hostile military activity" for purposes of VA's recent changes to
the PTSD stressor-verification regulations. [listen here]
Apr. 19, 2012: The Federal Circuit opened registration for its judicial conference
on May 17, 2012. [view program] [visit registration page]
Apr. 19, 2012: The CAVC issued a published order in Briley v. Shinseki
regarding the nature of a dismissal when an appellant dies without substitution.
[download .pdf]
Apr. 18, 2012: A new article was added to the Article Index page --- James D.
Ridgway, Equitable Power in the Time of Budget Austerity: The Problem of
Judicial Remedies for Unconstitutional Delays in Claims Processing by Federal
Agencies, 64 Admin. L. Rev. 57 (2012) [download .pdf]
Apr. 18, 2012: The House Veterans Affairs Committee held a hearing --- From
the Inside Out: A Look at Claims Representatives’ Role in the Disability Claims
Process [link to House page for the hearing]
Apr. 18, 2012: VA Repealed its prior rule change pursuant to its filing in Bryant
v. Shinseki --- Rules Governing Hearings Before the Agency of Original
Jurisdiction and the Board of Veterans’ Appeals; Repeal of Prior Rule Change, 77
Fed. Reg. 23138 (Apr. 18, 2012) [download .pdf]
Apr. 18, 2012: The Federal Circuit issued a decision in Donnellan v. Shinseki
regarding the circumstances in which it will hear an appeal of a remand by the
CAVC. [download .pdf]
Apr. 13, 2012: The CAVC released the audio from its oral argument on
Wednesday in Bowen v. Shinseki regarding whether the opportunity for a Board
hearing cures any prejudice from being improperly denied a hearing at the
regional office level. [listen here]
Apr. 12, 2012: The Federal Circuit issued a nonprecedential order in Tyrues v.
Shinseki vacating the en banc decision of the CAVC and remanding the case for
reconsideration in light of the Supreme Court's decision in Henderson v.
Shinseki. [download .pdf]
Apr. 11, 2012: The Federal Circuit issued a decision in Chandler v. Shinseki
reversing an en banc decision of the CAVC regarding eligibility for a special
monthly pension. [download .pdf]
Apr. 10, 2012: The CAVC heard oral argument in Mason v. Shinseki regarding
the procedures for an attorney to dispute entitlement to payment under a fee
agreement. [listen here]
Apr. 6, 2012: The fourth issue of the Veterans Law Review has been released
online and added to the Article Index Page.
Brianne Ogilvie and Emily Tamlyn, Coming Full Circle: How VBA Can
Complement Recent Changes in DOD and VHA Policy Regarding Military Sexual
Trauma, 4 Veterans L. Rev. 1 (2012) [download .pdf]
Jonathan Krisch, Judge, Jury and the Gate Keepter: vAdmitting and Weighing
Expert Testimony in Veterans' Claims Adjudication and the Federal Courts, 4
Veterans L. Rev. 41 (2012) [download .pdf]
Allison Lin, Warning: Don't Drink the Water : An Examination of Appropriate
Solutions for Veterans Exposed to Contaminated water at Marine Corps Base
Camp Le Jeune, 4 Veterans L. Rev. 85 (2012) [download .pdf]
Simone Coyle, Amy Ishizawar, and Holly Seesel, The Medical Examiner as
Factfinder: The Effect of the Lay Evidence Doctrine on VA's Duty to Assist in
Securing Medical Nexus Opinions, 4 Veterans L. Rev. 131 (2012) [download .
pdf]
Pamela Kravetz, Way Off Base: An Argument against Intimate Partner Violence
Cases in Veterans Treatment Courts, 4 Veterans L. Rev. 162 (2012) [download .
pdf]
Hillary Bunker, Shera Finn, and Chaz Lehman, Reforming the Equal Access to
Justice Act (EAJA) to Maximize Veterans' Receipt of Benefits and Increase
Efficiency of the Claims Process, 4 Veterans L. Rev. 206 (2012) [download .pdf]
Apr. 4, 2012: The Federal Circuit heard oral argument in Heino v. Shinseki
regarding the validity of the regulation defining the copayment that VA collects
from veterans for prescription medication. [listen here]
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May 2012
May 17, 2012: The Federal Circuit issued an opinion in Duchesneau v. Shinseki
regarding when it will consider an appeal of a remand by the CAVC. [download
.pdf]
May 15, 2012: The Federal Circuit issued an opinion in Morris v. Shinseki
regarding personality disorders and the presumption of sound condition.
[download .pdf]
May 10, 2012: The Federal Circuit heard oral argument in Gruen v. Shinseki
regarding the evidence necessary to grant service connection for hearing loss.
[listen here]
May 10, 2012: The CAVC heard oral argument in Schmidt v. Shinseki regarding
whether a rating decision may ever be non-final due to inaccuracies in the stated
reasons. [listen here]
May 9, 2012: The CAVC Bar Association has opened registration for its June 15,
2012 all-day CLE program on veterans law. [link to information and registration]
May 9, 2012: The Federal Circuit heard oral argument in Dunlap v. Shinseki
regarding VA's ability to bifurcate consideration of schedular and extraschedular
ratings. [listen here]
May 9, 2012: The Federal Circuit heard oral argument in Mayberry v. Shinseki
regarding the nature of the line of duty presumption created by 38 U.S.C. §
105(a). [listen here]
May 9, 2012: The Federal Circuit heard oral argument in Harriman v. Shinseki
regarding when a CUE motion may be used to assert that a claim was raised but
not adjudicated. [listen here]
May 9, 2012: The CAVC heard oral argument in Vasquez-Flores v. Shinseki
regarding the availability of EAJA fees when the Court remands on a basis not
argued by the appellant. [listen here]
May 8, 2012: The Federal Circuit heard oral argument in Cadoret v. Shinseki
regarding the evidence necessary to rebut the presumption of sound condition
[listen here]
May 7, 2012: The Ninth Circuit issued an en banc decision in Veterans for
Common Sense v. Shinseki reversing the panel decision and largely ordering the
lawsuit dismissed for lack of jurisdiction. [download .pdf]
regarding when it will consider an appeal of a remand by the CAVC. [download
.pdf]
May 15, 2012: The Federal Circuit issued an opinion in Morris v. Shinseki
regarding personality disorders and the presumption of sound condition.
[download .pdf]
May 10, 2012: The Federal Circuit heard oral argument in Gruen v. Shinseki
regarding the evidence necessary to grant service connection for hearing loss.
[listen here]
May 10, 2012: The CAVC heard oral argument in Schmidt v. Shinseki regarding
whether a rating decision may ever be non-final due to inaccuracies in the stated
reasons. [listen here]
May 9, 2012: The CAVC Bar Association has opened registration for its June 15,
2012 all-day CLE program on veterans law. [link to information and registration]
May 9, 2012: The Federal Circuit heard oral argument in Dunlap v. Shinseki
regarding VA's ability to bifurcate consideration of schedular and extraschedular
ratings. [listen here]
May 9, 2012: The Federal Circuit heard oral argument in Mayberry v. Shinseki
regarding the nature of the line of duty presumption created by 38 U.S.C. §
105(a). [listen here]
May 9, 2012: The Federal Circuit heard oral argument in Harriman v. Shinseki
regarding when a CUE motion may be used to assert that a claim was raised but
not adjudicated. [listen here]
May 9, 2012: The CAVC heard oral argument in Vasquez-Flores v. Shinseki
regarding the availability of EAJA fees when the Court remands on a basis not
argued by the appellant. [listen here]
May 8, 2012: The Federal Circuit heard oral argument in Cadoret v. Shinseki
regarding the evidence necessary to rebut the presumption of sound condition
[listen here]
May 7, 2012: The Ninth Circuit issued an en banc decision in Veterans for
Common Sense v. Shinseki reversing the panel decision and largely ordering the
lawsuit dismissed for lack of jurisdiction. [download .pdf]
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