Review of Recent Veterans Law Decisions of the Federal Circuit

57 Pages Posted: 23 Jul 2020

See all articles by Angela Drake

Angela Drake

affiliation not provided to SSRN

Yelena Duterte

University of Illinois at Chicago - UIC John Marshall Law School

Stacey-Rae Simcox

Stetson University - College of Law

Date Written: 2020

Abstract

The 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.

Keywords: veterans, law, recent cases, federal circuit, case review, blue water navy, agent orange

JEL Classification: K3, K4

Suggested Citation

Drake, Angela and Duterte, Yelena and Simcox, Stacey-Rae, Review of Recent Veterans Law Decisions of the Federal Circuit (2020). American University Law Review, Vol. 69, No. 4, 2020, Available at SSRN: https://ssrn.com/abstract=3639545

Angela Drake

affiliation not provided to SSRN

Yelena Duterte

University of Illinois at Chicago - UIC John Marshall Law School ( email )

300 S. State Street
Chicago, IL 60604
United States

Stacey-Rae Simcox (Contact Author)

Stetson University - College of Law ( email )

1401 61st Street South
Gulfport, FL 33707
United States

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