Federal Circuit Opinions Tag

Last week, we published a short article concerning the Yale Veterans Clinic’s petition under the All Writs Act in Monk v. McDonald.  In the ensuing week, numerous websites have published articles about this petition, to include the New York Times (accessible at April 7, 2015 New York Times Article). In addition to press articles, a number of veterans (to include clients) have emailed me...

“The work of a judge is in one sense enduring and in another ephemeral. . . .   In the endless process of testing and retesting, there is a constant rejection of the dross and a constant retention of whatever is pure and sound and fine.” B. Cardozo, The Nature of the Judicial Process, 178-79 (1921). At least two judges handling issues under Title 38 have considered Justice Cardozo’s...

Last year we blogged about a decision from the United States Court of Appeals for Veterans Claims (CAVC) denying presumption of service connection for amyotrophic lateral sclerosis (ALS) when the veteran served a lengthy period of active duty for training in the National Guard.  That blog can be found at Bowers v. Shinseki (CAVC). On April 17, 2014, the United States Court of Appeals for the...

On April 24, 2014, the United States Court of Appeals for the Federal Circuit (Fed. Cir.) issued a published opinion in Gilbert v. Shinseki.  The case discusses the statutory “presumption of sound condition” under 38 U.S.C.  § 1111 within the context of the general requirements for direct service connection. On appeal, Mr. Gilbert asserted that the application of Section 1111...

The Department of Veterans Affairs (VA) adjudication process “‘is not meant to be a trap for the unwary . . . a stratagem to deny compensation a minefield” for claimants.  Percy v. Shinseki,  23 Vet. App. 37, 47 (2009) (quoting Comer v. Peake, 552 F.3d 1362, 1369 (Fed. Cir. 2009).  For Veteran Larry Tyrues, the majority in Tyrues v. Shinseki did not believe this tenet had...

On September 30, 2013, the United States Court of Appeals for the Federal Circuit (Fed. Cir.) issued a published opinion on two consolidated appeals, AZ and AY v. Shinseki.  A link to the opinion can be found at AZ and AY v. Shinseki. Both cases stemmed from disability claims for post-traumatic stress disorder (PTSD) that related to sexual assaults that occurred while in the military .  The...

On June 7, 2013, the Court of Appeals for the Federal Circuit (Fed. Cir.) issued an opinion in Hall v. Shinseki.  The issued stemmed from Mr. Hall’s Post Traumatic Stress Disorder (PTSD) claim based upon an allegation of an in-service sexual assault . On appeal, Mr. Hall argued that 38 C.F.R. § 3.304(f)(3) (fear of hostile military or terrorist activity) should apply to claims for PTSD...

On May 3, 2013, the Court of Appeals for the Federal Circuit (Fed. Cir.) issued an opinion in Parks v. Shinseki and affirmed the decision of the Court of Appeals for Veterans Claims (Veteran Court).  The opinion can be accessed at Parks v. Shinseki. The underlying nature of the claim involves Mr. Parks’ diagnosis of diabetes type II, heart condition, and peripheral neuropathy and whether...

On March 21, 2013 the  Federal Circuit issued a precedential order in National Org. of Veterans Advoc. (NOVA) v. Shinseki, ordering the Department of Veterans Affairs (VA) to “show cause why it should not be sanctioned” after rule changes to 38 C.F.R. § 3.103 were repealed. As a background, 38 C.F.R. § 3.103 sets forth certain procedural rights the VA must follow during the course...

On March 11, 2013 the United States Court of Appeals for the Federal Circuit (Fed. Cir.) issued a published opinion on an appeal of the Court of Appeals for Veterans Claims (CAVC) denial of a writ of mandamus.  The opinion can be accessed at Beasley v. Shinseki. The substantive issue underlying the petition for writ of mandamus was the veteran’s request that the Department of Veterans Affairs...