Veterans Law LibraryHome

Time 2020-12-13 19:04:14

Web Name: Veterans Law LibraryHome

WebSite: http://www.veteranslawlibrary.com

ID:133054

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Veterans,Law,LibraryHome,Veterans,disability,benefits,compensation,law,court,cas

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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 Dec. 11, 2020: The Federal Circuit heard oral argument in Giles v. Wilkie regarding whether a psychosis may be granted service as a chronic condition when the diagnosis in service is different than the current diagnosis. [listen here] Dec. 10, 2020: The CAVC issued an opinion in Kennedy v. Wilkie regarding whether a VA Fast Letter may be a liberalizing law. [download .pdf] Dec. 10, 2020: The Federal Circuit heard oral argument in Costello v. Wilkie regarding when a CUE theory has been reasonably raised. [listen here] Dec. 9, 2020: The CAVC heard oral argument in Andrews v. Wilkie regarding the M21-1 provisions governing hepatitis C claims and the court's reversal standard. [listen here] [watch here] Dec. 9, 2020: The Federal Circuit heard oral argument in Rudisill v. Wilkie regarding using educational benefits providing under multiple different programs. [listen here] Dec. 9, 2020: VA's Office of Inspector General released a new report --- Posttraumatic Stress Disorder Claims Processing Training and Guidance Need Improvement, #20-00608-29. [download .pdf] Dec. 9, 2020: GAO released a new report --- Process for Identifying Conditions Presumed to be Service Connected and Challenges in Processing Complex Gulf War Illness Claims, GAO-21-253T (Dec. 9, 2020) [download .pdf] Dec. 8, 2020: The Federal Circuit issued an en banc opinion in NOVA v. Secretary of Veterans Affairs regarding the court's authority to hear rulemaking challenges to VA's M21-1 Manual. [download .pdf] Dec. 8, 2020: The CAVC heard oral argument in Richard v. Wilkie regarding whether an earlier effective date can be awarded for a condition related to exposure to Agent Orange in Thailand based upon declassification of reports. [listen here] [watch here] Dec. 7, 2020: The Federal Circuit heard oral argument in Anania v. Wilkie regarding whether an attorney's declaration can prove that a document was mailed. [listen here] Dec. 1, 2020: The CAVC heard oral argument in Bria v. Wilkie regarding whether a veteran can be awarded SMC(k) based upon having hepatits C [listen here] [watch here] November 2020 Nov. 30, 2020: The CAVC issued an opinion in Dallman v. Wilkie regarding the Court's jurisdiction to review a finality determination in a Board decision that otherwise remanded a matter. [download .pdf] Nov. 25, 2020: The CAVC issued an opinion in Homes v. Wilkie regarding the scope of the symptoms covered by Diagnosic Code 8100 for migraines. [download .pdf] Nov. 20, 2020: The CAVC issued an opinion in Romero v. Wilkie regarding the presumption that VA properly mailed material to a veteran's representative. [download .pdf] Nov. 19, 2020: VA's Office of Inspector General released a new report --- Enhanced Strategy Needed to Reduce Disability Exam Inventory Due to the Pandemic and Errors Related to Canceled Exams, #20-02826-07 [download .pdf] Nov. 17, 2020: The CAVC heard oral argument in Carpenter/Chisholm v. Wilkie regarding access to VBMS for staff working for an attorney. [listen here] [watch here] Nov. 2, 2020: The Federal Circuit heard oral argument in Euzebio v. Wilkie regarding whether the Board has notice of reports issued to VA by the National Acadamies of Science. [listen here] Nov. 6, 2020: The CAVC heard oral argument in Fuller v. Wilkie regarding a veteran's standing to appeal a decision regarding apportionment benefits for their spouse. [listen here] [watch here] Nov. 2, 2020: The Federal Circuit heard oral argument in Monk v. Wilkie regarding when courts should provide a remedy for delay in agency adjudication. [listen here] Nov. 4, 2020: The CAVC heard oral argument in Constantine v. Wilkie regarding the Court's authority to decide the scope of the consent decree in Nehmer. [listen here] [watch here] Nov. 3, 2020: The Federal Circuit heard oral argument in Williams v. Wilkie regarding whether the Board must wait 90 days before deciding an appeal returning after an RO remand [listen here] and George v. Wilkie and Martin v. Wilkie regaring when a CUE motion may be based upon a judicial decision [listen here]. Nov. 2, 2020: The Federal Circuit heard oral argument in Murphy v. Wilkie regarding how to determine the scope of a claim on reopening. [listen here] October 2020 Oct. 29, 2020: The CAVC issued an opinion in Welcome v. Wilkie regarding the Veterans Retraining Assistance Program. [download .pdf] Oct. 26, 2020: The CAVC issued an opinion in Bryant v. Wilkie regarding a veteran's right to submit evidence and argument to the Board. [download .pdf] Oct. 23, 2020: The CAVC heard oral argument in Bonner v. Wilkie regarding the types of errors that can be addressed through a CUE motion. [listen here] Oct. 21, 2020: The CAVC issued a precedential order in Gardner-Dickson regarding the CAVC's authority to hear an appeal of a Board remand. [download .pdf] Oct. 20, 2020: The Congressional Budget Office released a report: Vietnam Veterans' Income in Retirement. [download .pdf] Oct. 20, 2020: The Federal Circuit issued a precedential decision in Monk v. Wilkie regarding commonality in class action litigation. [download .pdf] Oct. 20, 2020: The CAVC heard oral argument in Van Dermark v. Wilkie regarding when VA is obligated to pay for overseas medical care. [listen here] Oct. 15, 2020: The CAVC heard oral argument in Romero v. Wilkie regarding the presumption of regularity of mailing. [listen here] Oct. 9, 2020: The Federal Circuit heard oral argument in Shuford v. Wilkie regarding when the Board can deny an increased rating because it disagrees with the award of service connection. [listen here] Oct. 8, 2020: The Federal Circuit heard en banc oral argument in NOVA v. Secretary of Veterans Affairs regarding the court's authority to hear rulemaking challenges to VA's M21-1 Manual. [listen here] Oct. 7, 2020: The Federal Circuit heard oral argument in four consolidated cases regarding challenges to VA's rulemaking implementing the Veterans Appeals Improvement and Modernization Act. [listen here] [and here] [and here] [and here] September 2020 Sept. 29, 2020: The CAVC heard oral argument in Spicer v. Wilkie regarding secodary service connection may be granted based upon an inability to treat. [listen here] Sept. 28, 2020: The Federal Circuit issued an opinion in Mote v. Wilkie regarding the proper analysis to determine when a delay in adjudication is unreasonable. [download .pdf] Sept. 22, 2020: The CAVC heard en banc oral argument in Perciavalle v. Wilkie regarding what types of error may constitute CUE. [listen here] Sept. 11, 2020: The CAVC heard oral argument in Swanagan/Turman v. Wilkie regarding calculating EAJA fees for attorneys practicing outside the country. [listen here] Sept. 11, 2020: The Federal Circuit issued an opinon in Batcher v. Wilkie regarding the relationship between state divorce proceedings and VA apportionment claims. [download .pdf] Sept. 2, 2020: The CAVC heard oral argument in Skaar v. Wilkie regarding the validity of a VA determination of radiation risk. [listen here] Sept. 1, 2020: The Federal Circuit issued an opinion in Gumpenberger v. Wilkie regarding attorney fees in cases of invalidating a debt to VA. [download .pdf] August 2020 Aug. 31, 2020: The CAVC issued opinions in Hembree v. Wilkie regarding the requirements to withdraw and appeal in writing [download .pdf], and Wolfe v. Wilkie regarding the bases upon which the Board can order reconsideration of a decision [download .pdf] Aug. 27, 2020: The Federal Circuit issued an opinion in Garvey v. Wilkie regarding the validity of VA's definition of "willfull and persistent misconduct." [download .pdf] Aug. 26, 2020: The CAVC issued an opinion in Wait v. Wilkie regarding when undiagnosed pain is a compensible disability. [download .pdf] Aug. 21, 2020: The Federal Circuit issued an opinion in Burkhart v. Wilkie regarding home loan eligibility. [download .pdf] Aug. 20, 2020: The CAVC heard oral argument in Huerta v. Wilkie regarding whether DC 5000 requires that an ostemyelitis infection be active to award a 100% rating. [listen here] Aug. 19, 2020: The Federal Circuit issued an opinion in Lang v. Wilkie regarding when VA has constructive possession of records. [download .pdf] Aug. 18, 2020: The CAVC issued an opinion in Lacey v. Wilkie regarding when the Secretary's position in litigation is substantially justified. [download .pdf] Aug. 18, 2020: The CAVC heard oral argument in Kennedy v. Wilkie regarding whether VA Fast Letter 13-04 was a liberalizing law that created an irrebuttable presumption of service connection for the cause of death of the veteran. [listen here] Aug. 12, 2020: The Federal Circuit issued an opinion in Kisor v. Wilkie regarding when newly obtained service department records can lead to an earlier effiective date for compensation. [download .pdf] Aug. 11, 2020: The CAVC issued an opinion in Martinez-Boden regarding whether compensation can be awarded for undiagnosed psychiatric symptoms. [download .pdf] Aug. 5, 2020: VA's Office of Inspector General released a new report --- Accuracy of Disability Benefit Evaluations for Veterans’ Service-Connected Heart Diseases, #19-08095-198 [download .pdf] Aug. 4, 2020: The Federal Circuit heard oral argument in Mote v. Wilkie regarding the CAVC's approach to reviewing whether an agency delay is unreasonable. [listen here] July 2020 Jul. 27, 2020: The CAVC heard oral argument in Bailey v. Wilkie regarding when complications of a condition fall within the scope of a claimed condition. [listen here] Jul. 23, 2020: The CAVC heard oral argument in Healey v. Wilkie regarding the Board's constructive notice of NAS reports. [listen here] Jul. 22, 2020: VA's Office of Inspector General released two new reports --- Deficiencies in the Quality Review Team Program, 19-07054-174 [download .pdf] and The Systematic Technical Accuracy Review Program Has Not Adequately Identified and Corrected Claims-Processing Deficiencies, 19-07059-169 [download .pdf] Jul. 21, 2020: The CAVC heard oral argument in Noah v. Wilkie regarding whether the reasonable person standard is appropriate for a veteran's assertion of detremental reliance on a misleading VA letter. [listen here] Jul. 17, 2020: The Federal Circuit issued opinions in Simmons v. Wilkie regarding prejudicial error [download .pdf] and Merritt v. Wilkie regarding regarding substitution for a deceased appellant at the federal court level [download. pdf]. Jul. 16, 2020: The CAVC heard oral argument in Dallman v. Wilkie regarding the Court's jurisdiction to consider an appeal of a Board decision reopening and remanding a claim where the veteran asserts that the prior decision was never final. [listen here] Jul. 15, 2020: The Federal Circuit issued opinions in Sellers v. Wilkie regarding when a claim has been raised [download .pdf] and Jones v. Wilkie regarding effective date determinations under 38C.F.R.§3.156(c) [download. pdf]. Jul. 14, 2020: The CAVC heard oral argument in Welcome v. Wilkie regarding the proper method for calculating the 12-month period for VRAP benefits. [listen here] Jul. 8, 2020: The CAVC heard oral argument in Gardner-Dickson v. Wilkie regarding whether the Board can order additional development to confirm exposure after finding a veteran's statements regarding service at the perimeter of a Thai air force base to be credible. [listen here] Jul. 7, 2020: The CAVC heard oral argument in Martinez-Boden v. Wilkie regarding whether undiagnosed mental health symptoms can qualify as a disabilty. [listen here] Jul. 6, 2020: The Federal Circuit heard oral argument in Arellano v. Wilkie regarding equitable tolling. [listen here] June 2020 Jun. 19, 2020: The CAVC heard oral argument in Davis v. Wilkie regarding whether lay evidence that expands the scope of a claim is material as a matter of law. [listen here] Jun. 26, 2020: The CAVC issued an opinion in Straw v. Wilkie regarding health care benefits for family members of veterans stationed at Camp Lejeune. [download .pdf] Jun. 23, 2020: The CAVC heard oral argument in Wait v. Wilkie regarding musculoskeletal pain automatically qualifies as a disability. [listen here] Jun. 19, 2020: The CAVC heard oral argument in Arline v. Wilkie regarding the definition of a sheltered workplace. [listen here] Jun. 18, 2020: The CAVC heard oral argument in Bowling/Appling v. Wilkie regarding whether VA's definition of "insanity" violates due process. [listen here]. Jun. 11, 2020: The Federal Circuit issued an opinion in Carr v. Wilkie regarding extension of educational benefits to the end of the semester when elgibility expires in the middle. [download .pdf] Jun. 10, 2020: The CAVC heard oral argument in Hembree v. Wilkie regarding the requirements for a claimant to withdraw an appeal in writing. [listen here] Jun. 4, 2020: The CAVC issued a precedential order in Benson v. Wilkie regarding what is considered an extraordinary circumstance to warrant equitable tolling. [download .pdf] Jun. 4, 2020: The Federal Circuit heard oral argument in Taylor v. Wilkie regarding a whether a veteran is entitled to constitutional relief when the secrecy of his in-service injury prevented him from filing a claim for benefits. [listen here] Jun. 2, 2020: The Federal Circuit heard oral argument in Burkhart v. Wilkie regarding home loan guarentee benefits. [listen here] Jun. 1, 2020: The Federal Circuit heard oral argument in Blanton v. Wilkie regarding the types of errors that can be CUE [listen here] and Batcher v. Wilkie regarding when veterans benefits law preempts state divorce proceedings [listen here]. May 2020 May 29, 2020: The CAVC issued an opinon in Breland v. Wilkie regarding retroactive awards of temporary total disability ratings. [download .pdf] May 29, 2020: The CAVC heard oral argument in Bryant v. Wilkie regarding whether the Board may issue a decision fewer than 90 days after a case is certified to it. [listen here] May 28, 2020: The CAVC issued an opinion in Smiddy v. Wilkie regarding Board review of a decision on an extraschedular rating. [download .pdf] May 21, 2020: The CAVC heard oral argument in Garner v. Wilkie regarding what is sufficient to raise the theory of obesity as an intermediary step in a disability claim. [listen here] May 19, 2020: The CAVC issued an opinion in Philbrook v. Wilkie regarding the effect on benefits of a veteran being involuntarily committed due to a criminal finding of not guilty by reason of insanity. [download .pdf] May 8, 2020: The Federal Circuit heard oral argument in Sellers v. Wilkie regarding the specificity needed in a statement to raise a claim for benefits. [listen here] April 2020 Apr. 28, 2020: The CAVC heard oral argument in Breland v. Wilkie regarding reduction of temporary ratings. [listen here] Apr. 27, 2020: The CAVC issued an opinion in Smith v. Wilkie regarding credibility findings and medical examiner evaluation of lay statements. [download .pdf] Apr. 21, 2020: The CAVC heard oral argument in Philbrook v. Wilkie regarding whether commitment due to a finding of not guilty by reason of insanity is incarceration. [listen here] Apr. 20, 2020: The Federal Circuit issued an opinion in Ravin v. Wilkie regarding filing attorney fee agreements. [download .pdf] Apr. 10, 2020: The Federal Circuit heard oral argument in Merritt v. Wilkie regarding the jurisdiction of the court when a veteran dies during an appeal. [listen here] Apr. 6, 2020: The Federal Circuit heard oral argument in Simmons v. Wilkie regarding the meaning of service connection. [listen here] March 2020 Mar. 26, 2020: The CAVC issued opinion in Webb v. Wilkie regarding mental health claims [download .pdf] and George v. Wilkie regarding pleading clear and unmistakable error [download .pdf]. Mar. 6, 2020: Harvard Law School released a new report: Turned Away: How VA Unlawfully Denies Health Care to Veterans with Bad Paper Discharges [download .pdf from their website] Mar. 5, 2020: The CAVC has released their annual report for FY2019. [download .pdf] February 2020 Feb. 24, 2020: The CAVC issued an opinion in Walsh v. Wilkie regarding benefitsf stemming from aggrevation of obestiy by a service-connected condition. [download .pdf] Feb. 17, 2020: New article added to the Article Index page --- David Ames, et al., Due Process and Mass Adjudication: Crisis and Reform, 72 Stan. L. Rev. 1 (2020). Feb. 6, 2020: The CAVC heard oral argument in Adanich v. Wilkie regarding a Board member's duty to ask questions at a hearing. [listen here] [watch here] Feb. 6, 2020: The Federal Circuit heard oral argument in Ravin v. Wilkie regarding the consequences of failing to file a fee agreement with VA in a timely manner. [listen here] Feb. 5, 2020: The CAVC issued an opinion in Langdon v. Wilkie regarding rating back conditions [download .pdf] and Coley v. Wilkie regarding motions for an extension of time [download .pdf]. Feb. 3, 2020: The Federal Circuit heard oral argument in Abell v. Wilkie regarding willful misconduct and proximate cause. [listen here] Feb. 1, 2020: The Annual Report of the Chairman of the Board of Veterans' Appeals for FY19 is now available. [download .pdf] January 2020 Jan. 31, 2020: The Federal Circuit issued an opinion in O'Brien v. Wilkie regarding whether children under a legal guardianship count as dependants. [download .pdf] Jan. 30, 2020: The CAVC issued opinions in Cameron v. Wilkie regarding attorneys fees for agancy appeals filed prior to June 2007 [download .pdf] and Rosinski v. Wilkie regarding calculation of attorneys fees in a matter where an award is offset by military retirement pay [download. pdf]. Jan. 23, 2020: The CAVC heard oral argument in Wolfe v. Wilkie regarding the Court should enter judgment and stay implementation of a decision to certify a class. [listen here] [watch here] Jan. 16, 2020: The CAVC issued an opinion in Miller v. Wilkie regarding when it is appropriate for the court to remand a case for a new medical examination. [download .pdf] Jan. 14, 2020: The CAVC heard oral argument in Cameron v. Wilkie regarding when an attorney may charge a fee for representation on a claim. [listen here] [watch here] Jan. 14, 2020: The Federal Circuit heard oral argument in Kisor v. Wilkie regarding which service department records may lead to an earlier effective date under 38 C.F.R. §3.156(c). [listen here] Jan. 7, 2020: VA's Office of General Counsel published notice of a precedent opinion --- Effective Date Provision of the Blue Water Navy Vietnam Veterans Act of 2019, VAOPGCPREC 3-2019 (Dec. 13, 2019). [download .pdf] Jan. 6, 2020: The Federal Circuit issued an opinion in Shealey v. Wilkie regarding standing to pursue EAJA fees. [download .pdf] Jan. 6, 2020: The Federal Circuit heard oral argument in Boberg v. Wilkie regarding service connection for conditions potentially related to Agent Orange. [listen here] December 2019 Dec. 30, 2019: The CAVC issued an opinion in Brown v. Wilkie regarding the effects of a bad conduct discharge on benefits eligibility. [download .pdf] Dec. 19, 2019: The CAVC issued an opinion in Delrio v. Wilkie regarding evidence and effective dates in TDIU determinations. [download .pdf] Dec. 13, 2019: The CAVC heard oral argument in Langdon v. Wilkie regarding rating spine conditions when the veteran has a distinct non-service-connected disability. [listen here] [watch here] Dec. 6, 2019: New article added to the Article Index page --- William Y. Chin, Serving Those Who Served: Providing Government-Funded Attorneys to Veterans Seeking Disability Benefits from The United States Department of Veterans Affairs, 54 U.S.F. L. Rev. 87 (2019). Dec. 6, 2019: The CAVC issued an en banc order granting class certification for appeals related to a common set of operative facts. [download .pdf] Dec. 6, 2019: The Federal Circuit heard oral argument in O'Brien v. Wilkie regarding the definition of "dependant" in 38 U.S.C. § 1115. [listen here] Dec. 5, 2019: The Federal Circuit issued an opinion in Procopio v. Secretary of Veterans Affairs regaring VA's abiltiy to stay decisions of blue water Navy claims. [download .pdf] Dec. 4, 2019: The Federal Circuit heard oral argument in Shealey v. Wilkie regarding the circumstances in which an attorney may file an EAJA petition. [listen here] Dec. 3, 2019: The CAVC issued an opinion in Barnett v. Wilkie regarding the proper procedure for arguing the existance of an unadjudicated informal claim. [download .pdf] Dec. 2, 2019: The Federal Circuit heard oral argument in Monk v. Shulkin regarding the commonality requirement for certifying a class action. [listen here] November 2019 Nov. 27, 2019: The CAVC issued a precedential order in Sapp v. Wilkie addressing simultanously contensted claims that VA fails to properly adjudicate together. [download .pdf] Nov. 21, 2019: VA's Office of Inspector General released a new report --- VHA Did Not Effectively Manage Appeals of Non-VA Care Claims, 18-0 6294-213 [download .pdf] Nov. 20, 2019: VA's Office of General Counsel published notice of a precedent opinion --- Crediting Certain Veterans for Their Payment of Statutory Funding Fee, VAOPGCPREC 2-2019 (Jun. 25, 2019) [download .pdf] Nov. 20, 2019: The CAVC heard oral argument in Chavis v. Wilkie regarding what circumstances, if any, can a flare ups of a back condition reach the criteria for ankylosis. [listen here] [watch here] Nov. 13, 2019: The CAVC heard oral argument in Miller v. Wilkie regarding what circumstances a Board may rely on a medical opinion without addressing the veteran's credibility. [listen here] [watch here] Nov. 8, 2019: The Federal Circuit heard oral argument in Procopio v. Secretary of Veterans Affairs regarding the agency's ability to stay the adjudication of blue water Navy claims. [listen here] Nov. 7, 2019: The Federal Circuit heard oral argument in Flores v. Wilkie regarding the CAVC's abililty to consider theories of causation not addressed in the Board decision on review. [listen here] Nov. 6, 2019: The Federal Circuit heard oral argument in Lawson v. Wilkie regarding regarding an individual blue water Navy veteran's to obtain a remand from the CAVC rather than file a new claim. [listen here] Nov. 5, 2019: The Federal Circuit heard oral argument in Sports v. Wilkie regarding the competency of law evidence. [listen here] Nov. 4, 2019: The Federal Circuit heard oral argument in Hall v. Wilkie regarding whether a veteran has a right to timely compliance with a Board's remand order. [listen here] Octboer 2019 Oct. 25, 2019: The CAVC issued an opinion in Perciavalle v. Wilkie regarding whether the regulation governing periodic recertification of eligiibility requires VA to consider awarding new ancillary benefits when appropriate. [download .pdf] Oct. 24, 2019: The CAVC heard oral argument in Smith v. Wilkie regarding the Board's ability to reverse a prior credibility determination without notice to the claimant. [listen here] [watch here] Oct. 23, 2019: The CAVC issued an en banc order dismissing as moot Monk v. Wilkie regarding unconstitutional delay in the processing of veterans appeals. [download .pdf] Oct. 17, 2019: The CAVC issued an opinion in Lacey v. Wilkie regarding which programs qualified for educational benefits under the Veterans Retraining Assistance Program. [download .pdf] Oct. 16, 2019: GAO released a new report --- Actions Needed to Ensure Provider Qualifications and Competence, GAO-20-152T (Oct. 16, 2019) [download .pdf] Oct. 15, 2019: The Fedearl Circuit issues an en banc order [download .pdf] modifying its recent panel opinion in Francway v. Wilkie regarding the scope of the presumption of competence of a VA medical examiner [download .pdf]. Oct. 2, 2019: The Federal Circuit heard oral argument in Archbold v. Wilkie regarding the what content a decision must have to constitute a denial and trigger finality if not appealed [listen here] and in Ashforld University v. Secretary of Veterans Affairs regarding the validity of VA's changes in how schools are accredited for reciept of G.I. Bill beneifts [listen here] Oct. 2, 2019: The CAVC heard oral argument in Ratzer v. Wilkie regarding the effective date for a secondary condition when claimed prior to the underlying primary condition. [listen here] [watch here] Oct. 1, 2019: The Federal Circuit heard oral argument in Turner v. Wilkie regarding whether the Secretary must disprove veteran status when it is at issue. [listen here] September 2019 Sept. 27, 2019: The CAVC issued an opinion in Perciavalle v. Wilkie regarding whether Esteban v. Brown, 6 Vet.App. 259(1994) was a change in interpretation of law. [download .pdf] Sept. 25, 2019: The CAVC heard oral arguement in Kellogg v. Wilkie regarding whether the addition of PTSD to the schedule of disabilities was a liberalizing change in law. [listen here] [watch here] Sept. 24, 2019: The CAVC heard oral arguement in Wolfe v. Wilkie regarding whether fraud by a third party may be a basis for reconsideration of a Board decision. [listen here] [watch here] Sept. 17, 2019: The CAVC heard oral argument in Perciavalle v. Wilkie regarding the scope of a recertification decision under 38 C.F.R. § 3.652(b). [listen here] [watch here] Sept. 13, 2019: The CAVC issued opinions in Raybine v. Wilkie regaarding waht a veteran must demonstrate to obtain equitable tolling [download .pdf] and Williams v. Wilkie regarding whether a veteran has 90 days to submit additional evidence when VBA returns a remand to the Board. [download .pdf] Sept. 13, 2019: New article added to the Article Index page --- Jennifer D. Oliva, Son of Sam, Service-Connected Entitlements, and Disabled Veteran Prisoners, 25 Geo. Mason L. Rev. 302 (2018). Sept. 12, 2019: The CAVC issued an opinion in Youngblood v. Wilkie regarding whether disabilities that are considered a single disability for other purposes may also be considered a single disability in seeking SMC. [download .pdf] Sept. 10, 2019: The CAVC heard oral argumen in Webb v. Wilkie regarding whether mental health symptoms can be granted service connection without an underlying diagnosis. [listen here] [watch here] Sept. 9, 2019: The CAVC issued a precedential order in Wolfe v. Wilkie certifying a class of petitiners adversely impacted by VA's unlawful regulation contradicting the Court's decision in Staab v. McDonald. [download .pdf] Sept. 5: VA's Office of Inspector General released a new report --- Accuracy of Claims Decisions Involving Conditions of the Spine, 18-05663-189 (Sept. 5, 2019). [download .pdf] Sept. 5: The CAVC heard oral argument in Shoemaker v. Wilkie regarding the requirements to validly withdraw an appeal. [listen here] [watch here] Sept. 3, 2019: The Federal Circuit heard oral argument in Encarnacion-Campos v. Wilkie regarding how the CAVC should review Board CUE decisions. [listen here] August 2019 Aug. 28, 2019: The CAVC heard en banc oral argument in Long v. Wilkie regarding extraschedular rating determinations. [listen here] [watch here] Aug. 25, 2019: The CAVC issued a redacted version of its opinion in the sealed case BO v. Wilkie regarding the interaction between Montgomery G.I. Bill benefits and post-9/11 G.I. Bill benefits. [download .pdf] Aug. 22, 2019: The CAVC issued an opinion in Euzebio v. Wilkie regarding whether the Board has constructive notice of the most recent Agent Orange Update. [download .pdf] Aug. 22, 2019: The CAVC heard oral argument in Delrio v. Wilkie regarding determining the effective date for TDIU. [listen here] [watch here] Aug. 20, 2019: The CAVC issued a precedential order in McGee v. Wilkie regarding equitible tolling procedure at the Court. [download .pdf] Aug. 20, 2019: VA has submited to Congress its August 2019 update on its progress in implementing the Appeals Modernization Act and resolving the legacy appeals inventory. [download .pdf] Aug. 18, 2019: New article added to the Article Index page --- Note, Chase Cobb, For Him Who Shall Have Borne the Battle: How the Presumption of Competence Undermines Veterans’ Disability Law, 25 Wash. Lee J. Civ. Rts. Soc. Just. 577 (2019). Aug. 16, 2019: The CAVC issued an opinion in Tedesco v. Wilkie regarding how to rate knee conditions under diagnostic code 5055. [download .pdf] Aug. 12, 2019: The CAVC issued an opinion in Fears v. Wilkie regarding when the Board is on notice of information that may question the competence of a VA examiner. [download .pdf] Aug. 9, 2019: The CAVC issued an opinion in Payne v. Wilkie regarding the special monthly compensation under 38 U.S.C. § 1114(k) and the Board's jurisdiction over such issues. [download .pdf] Aug. 1, 2019: VA published a new proposed rule — Schedule for Rating Disabilities: The Cardiovascular System, 84 Fed. Reg. 37,594 (Aug. 1, 2019). [download .pdf] July 2019 Jul. 26, 2019: The Federal Circuit issued an opinion in Dela Cruz v. Wilkie regarding how Filipinos claiming veteran status may have their evidence reviewed. [download .pdf] Jul. 23, 2019: The Federal Circuit issued an opinion in Francway v. Wilkie regarding the scope of the presumption of competence of a VA medical examiner. [download .pdf] Jul. 22, 2019: New article added to the Article Index page --- Note, Chadwick J. Harper, Give Veterans the Benefit of the Doubt: Chevron, Auer, and the Veteran’s Canon, 42 Harv. J.L. Pub. Pol’y 931 (2019). Jul. 18, 2019: New article added to the Article Index page --- Hugh B. McClean, Delay, Deny, Wait Till They Die: Balancing Veterans’ Rights and Non-Adversarial Procedures in the VA Disability Benefits System, 72 SMU L. Rev. 277 (2019). Jul. 18, 2019: The CAVC heard oral argument in Tedesco v. Wilkie regarding rating knee disabilities. [listen here] [watch here] Jul. 16, 2019: The CAVC heard oral argument in Fears v. Wilkie regarding when the Board is on notice of information challenging the competence of a VA medical examiner. [listen here] [watch here] Jul. 12, 2019: The CAVC issued an opinion in Buffington v. Wilkie regarding the effective date for the recommencement of VA benefits following a period of active duty. [download .pdf] Jul. 11, 2019: The CAVC issued an opinion as Quinn v. Wilkie regarding when a claimant is entitled to a Board hearing after a remand. [download .pdf] Jul. 11, 2019: The CAVC heard oral argument in Lacey v. Wilkie regarding which programs create eligibility for certain educational benefits. [listen here] [watch here] Jul. 3, 2019: The CAVC issued an opinion in Atilano v. Wilkie regarding a veteran's request to have a Board hearing without being present. [download .pdf] 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. 26, 2019: The CAVC issued an opinion in Casey v. Wilkie regarding whether recoupment of an erroneous overpayment is a reduction in benefits. [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). [download .pdf] 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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