Review of Veterans Law Decisions of the Federal Circuit, 2021 Edition

80 Pages Posted: 22 Aug 2022 Last revised: 9 Feb 2023

See all articles by angela drake

angela drake

Independent

Yelena Duterte

University of Illinois at Chicago - UIC John Marshall Law School

Stacey-Rae Simcox

Stetson University - College of Law

Date Written: 2022

Abstract

In the past year, the United States Court of Appeals for the Federal Circuit (Federal Circuit) continued to define boundaries for the Department of Veterans Affairs (VA) and the U.S. Court of Appeals for Veterans Claims (Veterans Court). These boundaries align more closely with congressional intent, especially with regard to the jurisdiction of the Veterans Court and the internal operations of the agency.

This Area Summary discusses eight major areas in which the Federal Circuit articulated important changes in veterans law. First, the Federal Circuit revisited the important and veteran-friendly 'benefit of the doubt' rule in Lynch and modified it. In Lynch, the Court analyzed the term 'approximate balance' and instructed VA to liberally consider evidence and apply the benefit of the doubt rule even where the evidence is not in exact equipoise. Second, the Federal Circuit limited the Veterans Court’s power to fact-find and narrowed its power to find prejudicial error in Tadlock. Third, in Anania, the Court strengthened the 'mailbox' rule by finding that the claimant’s, or advocate’s, own affidavit sufficiently proved proper mailing. Fourth, the Court broadened the constructive possession rules relating to VA-contracted medical reports in Euzebio. Fifth, the Federal Circuit looked to principles of equity in Arellano and Taylor to determine whether tolling or estoppel may be invoked when the question relates to the effective date for the grant of VA benefits. Sixth, the Court clarified effective date rules in Kisor, George, Ortiz, and Buffington. Seventh, in Military-Veterans Advocacy, the Federal Circuit overturned three regulations promulgated under the new Appeals Modernization Act, each related to supplemental claims—a new avenue for veterans seeking to reopen earlier decisions. Finally, in Smith, the Court continued to weigh in on attorney’s fees, an important issue for veterans and their advocates.

Keywords: veterans, va, va benefits, federal circuit, veterans claims, mailbox rule, benefit of the doubt rule, constructive possession, appeals modernization act, attorneys fees

JEL Classification: K39, K49

Suggested Citation

drake, angela and Duterte, Yelena and Simcox, Stacey-Rae, Review of Veterans Law Decisions of the Federal Circuit, 2021 Edition (2022). American University Law Review, Vol. 71, No. 4, 2022, Stetson University College of Law Research Paper, 2023-1, Available at SSRN: https://ssrn.com/abstract=4195086

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

Stetson University - College of Law ( email )

1401 61st Street South
Gulfport, FL 33707
United States

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