Case law refers to precedential (sets a precedent)1 opinions by federal courts of appeal, which for veterans disability claims are these three courts:
Precedential opinions by these federal appellate courts are binding (must be followed) by lower courts and the Board of Appeals for Veterans Claims.
This precedential, en banc2 Federal Circuit decision clarified the VA's obligation to demonstrate a medical examiner's competence, if a veteran raises the competency issue before the Board of Veterans Appeals.
The Court's opinion has three implications for VA examiners. [Read more ...]
This section lists historically important court opinions in veterans law.
Gilbert v. Derwinski (1990) is a Court of Appeals for Veterans Claims (CAVC) case decided in 1990, soon after the Court was created by Congress. The case is important for two reasons. [Read more ....]
1.Oxford English Dictionary, 3rd ed. (Oxford, UK: Oxford University Press, March 2007), https://oed.com/view/Entry/149579 ("precedential, adj. 1. Of the nature of or constituting a precedent; providing a guide or rule for subsequent cases.")
2. Oxford English Dictionary, 3rd ed. (Oxford, UK: Oxford University Press, September 2017), https://oed.com/view/Entry/56701627 ("en banc, adv. and adj., Law [chiefly U.S.]. A. adv. With all ... of the judges of a court present; before or by the full bench. A sitting en banc is typically held by an appeal court in order to review decisions made by a panel of its members. Some courts [e.g. the Supreme Court of the United States] traditionally hear all cases referred to them en banc.")
I value your feedback!
If you would like to comment, ask questions, or offer suggestions about this page, please feel free to do so. Of course, keep it clean and courteous.
You can leave an anonymous comment if you wish—just type a pseudonym in the "Name" field.
If you want to receive an email when someone replies to your comment, click the Google Sign-in icon on the lower right of the comment box to use Google Sign-in. (Your email remains private.)