Federal Circuit Opinions Tag

Justice Cardozo once observed, “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).  I have come to accept that the Federal Circuit’s (Fed....

On February 21, 2013, the Federal Circuit (Fed. Cir.) issued a published opinion in Walker v. Shinseki overturning an entire body of case law that had developed regarding establishing service connection under 38 C.F.R. § 3.303(b). The opinion can be accessed at Walker v. Shinseki. In Walker v. Shinseki, the Fed. Cir. held that chronicity is “only available to establish service connection...

On January 4, 2013, the Federal Circuit issued a published opinion in Harris v. Shinseki regarding what constitutes an informal claim for benefits before the Department of Veterans Affairs (VA).  The opinion can be accessed at Harris v. Shinseki. The Federal Circuit ruled that the Court of Appeals for Veterans Claims (CAVC) failed to properly consider the legal standard set forth in Moody v....

The Supreme Court denied petitioners’ request for Writ of Certiorari (cert. petition) today in both Veterans for Common Sense v. Shinseki, et al., and Byron v. Shinseki.  The Supreme Court order denying the cert. petitions can be accessed at Supreme Court January 7, 2012 Order. As documented in the linked Reuters Article, the Supreme Court’s decision not to hear the case of...

Two veteran-related Petitions for Writ of Certiorari (cert. petition) were distributed for conference today before the Supreme Court of the United States.  Once distributed for conference, the Supreme Court will usually announce disposition of the case the following Monday.  Further explanation can be found at Supreme Court Link. The first cert peition, Veterans for Common Sense v. Shinseki,...

On December 5, 2012, the Federal Circuit issued an opinion in King v. Shinseki regarding whether the Court of Appeals for Veterans Claims (CAVC) properly considered Mr. King’s proffered lay evidence demonstrating that his back and hip disabilities were secondarily service-connected to his knee disabilities.  The majority held that the CAVC correctly considered whether the Board of Veterans’...

On November 20, 2012, the Federal Circuit issued an opinion in Pitts v. Shinseki regarding whether a veteran has the right to effective assistance of counsel before the Court of Appeals for Veterans Claims (CVAC) under the U.S. Constitution.  The Federal Circuit held that “the right to the effective assistance of counsel does not apply to proceedings before the CVAC.”  In analyzing...

On November 9, 2012, the Federal Circuit issued an opinion in Youngman v. Shinseki regarding a fiduciary’s eligibility to receive unpaid benefits due upon a veteran’s death.  The Federal Circuit held that “a veteran’s fiduciary does not have standing or authority to receive accrued benefits that were unpaid at the veteran’s death. . . .”  Under 38 U.S.C. §...