FEDERAL CIRCUIT RULINGS AND THEIR IMPACT ON VETERANS – 2018
- What is the US Federal Circuit Court?
- What kinds of cases does it hear?
- What is its impact on veterans?
ACREE V. O’ROURKE
- Acree V. O’Rourke (on Withdrawing Claims)
- How Acree Could Affect Effective Dates
- Written vs. Verbal Withdrawals, On the Record vs. Off the Record
- Acree Applied: A Hypothetical Example
- What is VA’s responsibility to educate the veteran about the consequences of withdrawing a claim?
- If a claim is withdrawn without a veteran’s understanding, what will happen? Is it a CUE?
MARTIN V. O’ROURKE
- Martin v. O’Rourke (on Timeliness at the CAVC and Petitions for Writs of Mandamus)
- What is a Writ of Mandamus?
- What is considered “unreasonable delay” at the VA?
SAUNDERS V. WILKIE
- Saunders v. Wilkie (on Service Connection for Pain without an Underlying Disability) Read more on the Saunders Ruling Here
- Saunders Applied: A Hypothetical Example
“It takes – on average – six and a half years for a veteran to challenge a VBA determination and get a decision on remand. God help this nation if it took that long for these brave men and women to answer the call to serve and protect. We owe them more.”
– The Honorable Kimberly Moore
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