Veterans' Law Updates

2015 Veterans Case Law Holdings

Case Law:

December 2015

Kuppamala v. McDonald

November 2015

Mulder v. McDonald
Mitchell v. McDonald
Gomez v. McDonald

October 2015

Gagne v. McDonald
Ollis v. McDonald
Petitti v. McDonald

August 2015

Aldridge v. McDonald
Jackson v. McDonald

July 2015

Herbert v. McDonald
Dent v. McDonald
Carter v. McDonald

June 2015

Smith v. McDonald
Delisle v. McDonald
Scott v. McDonald

May 2015

Wingard v. McDonald
Froio v. McDonald

April 2015

Prokarym v. McDonald
Toomer v. McDonald
Gray v. McDonald
Haynes v. McDonald
Westfall v. McDonald

March 2015

Wingard v. McDonald
Rickett v. McDonald
Palomer v. McDonald
Reliford v. McDonald

February 2015

Fountain v. McDonald
Pederson v. McDonald
Dixon v. McDonald

January 2015

Swain v. McDonald
Leavey v. McDonald
Moffitt v. McDonald
Wages v. McDonald

2014 Veterans Case Law Holdings

Case Law:

Todd v. McDonald
Young v. McDonald
Joyner v. McDonald
Beraud v. McDonald
Carroll v. McDonald
Roberts v. McDonald
Suguitan v. McDonald
Nohr v. McDonald

September 2014

Mulder v. Gibson
Pacheco v. Gibson
Robertson v. Gibson
Cacciola v. Gibson
Rusick v. Gibson
Martin v. McDonald
Boyd v. McDonald
Johnson v. McDonald
Tagupa v. McDonald
Checo v. McDonald

July 2014

Stowers v. Shinseki
Carter v. Shinseki
Spicer v. Shinseki
Wilson v. Gibson
Golden v. Gibson
Hudgens v. Gibson

May 2014

Jackson v. Shinseki
Larson v. Shinseki
Cardona v. Shinseki
Morris v. Shinseki
King (Clarence) v. Shinseki
Murphy v. Shinseki
Wise v. Shinseki
Bowers v. Shinseki
Checo v. Shinseki
Gilbert v. Shinseki

March 2014

Pacheco v. Shinseki
Middleton v. Shinseki
Dixon v. Shinseki
Stallworth v. Shinseki
Moffitt v. Shinseki
Mason v. Shinseki
Tatum v. Shinseki
King v. Shinseki
Martin v. Shinseki

January 2014

Veterans Case Law (CAVC and CAFC) for 2013

November 2013

Kyhn v. Shinseki
Wagner v. Shinseki
Sprinkle v. Shinseki
Gill v. Shinseki
Geib v. Shinseki
Floore v. Shinseki
Prinkey v. Shinseki

September 2013

Kernea v. Shinseki
NOVA v. Shinseki
Middleton v. Shinseki
Wingard v. Shinseki
Garsow v. Shinseki
Cline v. Shinseki
Ratliff v. Shinseki
Schertz v. Shinseki
AZ v. Shinseki

July 2013

Kelly v. Shinseki
Solze v. Shinseki
Parks v. Shinseki
Kyhn v. Shinseki
Beraud v. Shinseki
Hall v. Shinseki
Pirkl v. Shinseki
Yonek v. Shinseki
Romanowsky v. Shinseki
Burden v. Shinseki
Massie v. Shinseki

VA policy news:

TDIU Claims

May 2013

Beasley v. Shinseki (VA’s duty to obtain medical opinion)
Robertson v. Shinseki (clemency discharge and entitlement to VA benefits)
Vazquez-Claudio v. Shinseki (criteria for establishing service connection for mental condition)
Trafter v. Shinseki (evidence required to obtain medical opinion in 1151 claims)

VA policy news:

Evidence required to establish stepchild as a dependent
Revised application for disability benefits (VA Form 21-526EZ)
Gulf War Task Force Report open for notice and comment

March 2013

Case Law
VA Policy News

January 2013

Case Law
Regulatory News
VA Policy News

November 2012

Board hearing officer must explain issues and suggest evidence
Applying the presumption of soundness
VA cannot deny higher disability rating based on effect of medication
VA fiduciaries and accrued benefits
Substitution effective date does not violate Equal Protection

September 2012

Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012
VA no longer covers costs for PTSD service dogs
CAVC holds that 38 C.F.R. § 3.156(c)(2) cannot be applied retroactively
Federal Circuit holds that appellants can only bring one CUE motion for any one disability claim

July 2012

Presumption afforded combat veterans
Presumption of soundness
Remarried widow/widower’s eligibility for Dependency and Indemnity Compensation
Different standards for establishing service connection for PTSD

May 2012

New rule for veterans with amyotrophic lateral sclerosis (ALS)
Final rule regarding Board and Regional Office hearings
DVA and DOL launch the Veterans Retraining Assistance Program
House Veterans Affairs Committee hearing on the role of the VSO claims rep
Senate Veterans Affairs Committee hearing on VA mental health care

March 2012

American Bar Association Home Front provides legal resources to military families
List of Legal Aid and pro bono programs
Disability Examination Worksheets
Court may reconsider cases dismissed between July 2008 and December 2011
VA rules for agency and Board hearing officers
A request to reopen can be filed without submitting new and material evidence at the time of filing

January 2012

New Disability Benefits Questionnaires
Regulation regarding verification of PTSD stressors upheld
47 ships added to list of ships exposed to Agent Orange
Accrued benefits claim can be reopened with new and material evidence
Extension of time for “chronic multi-system illness” for Persian Gulf War veterans