1,720,965 research outputs found
Thirty Years After Walters the Mission Is Clear, The Execution Is Muddled: A Fresh Look at the Supreme Court\u27s Decision to Deny Veterans the Due Process Right to Hire Attorneys in the VA Benefits Process
Get PDFLightening the VA\u27s Rucksack: A Proposal for Higher Education Medical-Legal Partnerships to Assist the VA in Efficiently and Accurately Granting Veterans Disability Compensation
Get PDFDepriving Our Veterans of Their Constitutional Rights: An Analysis of the Department of Veterans Affairs’ Practice of Stripping Veterans of Their Second Amendment Rights and Our Nation’s Response
Get PDFThis Article does not argue that veterans who have been adjudicated mentally incompetent by a court after a hearing or have been involuntarily committed to a mental health facility should be permitted to purchase or possess firearms. However, this Article does compare the VA’s determination of “financial incompetency” to other determinations of “mental defectiveness,” demonstrating that the VA’s standards do not rise to the level of “adjudicat[ing] [the veteran] a mental defective” in a manner sufficient for him to be stripped of his constitutional rights. This Article also argues that including veterans determined financially incompetent for VA purposes on a list of persons unable to exercise their Second Amendment rights is an unconstitutional deprivation of these rights which must be remedied for all affected veterans, past and future
The Need for Better Medical Evidence in VA Disability Compensation Cases and the Argument for More Medical-Legal Partnerships
Get PDFRecommended from our members
Review of Recent Veterans Law Decisions of the Federal Circuit, 2020 Edition, 70 Am. U. L. Rev. 1381 (2021)
No full textRecommended from our members
Review of Veterans Law Decisions of the Federal Circuit, 2021 Edition, 71 Am. U. L. Rev. 1619 (2022)
No full textRecommended from our members
Review of Recent Veterans Law Decisions of the Federal Circuit, 69 AM. U. L. REV. 1343 (2020)
No full textThe last in-depth review of veterans law cases decided by the Federal Circuit was published by the American University Law Review in 2015. Since that time, the Federal Circuit has substantially changed procedural rules applicable to veterans cases, including authorizing the use of the class action device and clarifying the correct standard to use when challenging agency delay and inaction. In an important case with wide application to administrative law generally, the Federal Circuit addressed the issue of proper deference for agency regulations and policies. The Supreme Court granted certiorari in Kisor v. Wilkie and reaffirmed principles articulated in Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., articulating a new three-step analysis. With regard to substantive developments in the area of veterans law, the Federal Circuit reversed a prior 2008 decision and provided final and effective relief for “Blue Water” Navy Veterans who have long fought for Agent Orange-related benefits. It is a remarkable time to be a veterans advocate, and we are pleased to provide this update
Review of Recent Veterans Law Decisions of the Federal Circuit, 2020 Edition, 70 Am. U. L. Rev. 1381 (2021)
No full textReview of Veterans Law Decisions of the Federal Circuit, 2021 Edition, 71 Am. U. L. Rev. 1619 (2022)
Get PDF- …
