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VA Law



Arline v. McDonough, No. 18-0765 (Argued June 19, 2020 Decided July 1, 2021); total disability rating based on individual unemployability (TDIU); no clear meaning of the phrase “employment in a protected environment” in 38 C.F.R. § 4.16(a);

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNO. 18-0765CLIFTON ARLINE, APPELLANT,V.DENIS MCDONOUGH,SECRETARY OF VETERANS AFFAIRS, APPELLEE.On Appeal from the Board of Veterans’ Appeals(Argued June 19, 2020 Decided July 1, 2021)April...

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Taylor v. McDonough, No. 2019-2211 (Decided: June 30, 2021); PTSD; equitable estoppel against the Government; jurisdictional analysis must focus on the legal character of the requirement, which we discern by looking to the condition’s text, context, and relevant historical treatment; Edgewood Arsenal; Department of Defense (“DoD”) undertook experiments on 6,700 ‘soldier volunteers’. . . with more than 250 different chemical warfare agents;

United States Court of Appeals for the Federal Circuit BRUCE R. TAYLOR, Claimant-Appellant v. DENIS MCDONOUGH, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee 2019-2211 Appeal from the United States Court of Appeals for Veterans Claims in No....

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Swanagan and Turman v. McDonough, No. 19-1350(E) (Argued September 11, 2020 Decided June 23, 2021); Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d); nothing in the EAJA statute limits its applicability to work performed in the United States;

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-1350(E)CHARLES L. SWANAGAN, APPELLANT,ANDNO. 19-3258(E)JESSE B. TURMAN, APPELLANT,V.DENIS MCDONOUGH,SECRETARY OF VETERANS AFFAIRS, APPELLEE.On Appellants’ Application for Attorney Fees...

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Andrews v. McDonough, No. 19-0352 (Argued December 9, 2020 Decided June 22, 2021);’burden of proof’; air guns and reusable syringes; hepatitis C; probative value of evidence is highly contextual and it’s often difficult to assess; Stevens v. Principi, 289 F.3d 814, 817-18 (Fed. Cir. 2002) (“When an agency has employed the wrong legal standard in evaluating evidence in the case, the appropriate remedy is normally for the reviewing court to remand the case to the agency for the agency to reassess the evidence under the correct factual standard.”);

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-0352DAVID A. ANDREWS, APPELLANT,V.DENIS MCDONOUGH,SECRETARY OF VETERANS AFFAIRS, APPELLEE.On Appeal from the Board of Veterans’ Appeals(Argued December 9, 2020 Decided June 22,...

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Arellano v. McDonough, No. 2020-1073(Decided: June 17, 2021, PER CURIAM); equitable tolling with respect to 38 U.S.C. § 5110(b)(1); Andrews v. Principi, 351 F.3d 1134 (Fed. Cir. 2003), which held that principles of equitable tolling are not applicable to the time period in 38 U.S.C. § 5110(b)(1);

United States Court of Appeals for the Federal Circuit ADOLFO R. ARELLANO, Claimant-Appellant v. DENIS MCDONOUGH, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee 2020-1073 Appeal from the United States Court of Appeals for Veterans Claims in No....

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Anania v. McDonough, No. 2020-1086(Decided: June 10, 2021); a party’s affidavit may provide credible evidence to satisfy the mailbox rule; common law mailbox rule; Rios v. Nicholson (Rios I), 490 F.3d 928, 930–31 (Fed. Cir. 2007) (quoting Rosenthal v. Walker, 111 U.S. 185, 193 (1884));

United States Court of Appeals for the Federal Circuit ROY E. ANANIA, Claimant-Appellant v. DENIS MCDONOUGH, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee 2020-1086 Appeal from the United States Court of Appeals for Veterans Claims in No....

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Langdon v. McDonough, No. 2020-1789(Decided: June 9, 2021); General Rating Formula does not allow the VA to distinguish between the thoracic and lumbar spine segments; we hold the VA’s regulation requires it to rate the thoracolumbar spine as a unit when applying the General Rating Formula;

United States Court of Appeals for the Federal Circuit ROBERT E. LANGDON, Claimant-Appellant v. DENIS MCDONOUGH, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee 2020-1789 Appeal from the United States Court of Appeals for Veterans Claims in No....

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Lynch v. McDonough, No. 2020-2057(Decided: June 3, 2021); Ortiz v. Principi, 274 F.3d 1361, 1364 (Fed. Cir. 2001); Ortiz necessarily requires that the benefit-of-the-doubt rule may be triggered in situations other than equipoise of the evidence—specifically, situations where the evidence is “nearly equal,”; “benefit of the doubt rule” under 38 U.S.C. §5107(b);

United States Court of Appeals for the Federal Circuit JOE A. LYNCH, Claimant-Appellant v. DENIS MCDONOUGH, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee 2020-2067 Appeal from the United States Court of Appeals for Veterans Claims in No....

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Andrews v. McDonough, No. 19-3227(Argued February 24, 2021 Decided May 28, 2021); Veterans AppealsImprovement and Modernization Act of 2017 (AMA); under the AMA the record in appellant’s case is limited to the evidence of record at the time of the agency of original jurisdiction (AOJ) decision, Kutscherousky and Fletcher do not apply as far as they allow for submission of additional evidence or require the Board to independently develop a claim;

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-3227WENDELL ANDREWS, APPELLANT,V.DENIS MCDONOUGH,SECRETARY OF VETERANS AFFAIRS, APPELLEE.On Appeal from the Board of Veterans’ Appeals(Argued February 24, 2021 Decided May 28, 2021)Richard V....

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Helmick v. McDonough, No. 19-5290(Argued April 14, 2021 Decided May 25, 2021); 38 U.S.C. § 5121; accrued benefits; for purposes of section 5121(a)(6) and 38 C.F.R. § 3.1000(a)(5), “bore the expense” means something broader than “paid.”;

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-5290LARRY S. HELMICK, APPELLANT,V.DENIS MCDONOUGH,SECRETARY OF VETERANS AFFAIRS, APPELLEE.On Appeal from the Board of Veterans’ Appeals(Argued April 14, 2021 Decided May 25, 2021)Andrew...

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