Veterans Law Information

This section of PTSDexams.net provides veterans law information specific to veterans disability compensation, including C&P exams, for PTSD and other mental disorders.

In the navigation menus, these veterans law articles are listed under the Legal tab.

Case Law - Important veterans law cases from the Court of Appeals for Veterans Claims and the Court of Appeals for the Federal Circuit, such as:

  • Francway v. Wilkie (Fed. Cir. 2019), which clarified the Department of Veterans Affairs (VA) obligations to demonstrate a medical examiner's competence, if a veteran raises the competency issue before the Board of Veterans Appeals.

Law review articles relevant to veterans disability benefits and compensation & pension exams for PTSD and other mental disorders, that address question such as:

  • When a statute or regulation is ambiguous, should the court defer to the VA, or resolve the doubtful language in favor of the veteran? (Federal courts usually say, "defer to the VA".)

  • See Give Veterans the Benefit of the Doubt for a superb article published in Harvard Journal of Law & Public Policy that argues for resolving ambiguity in favor of the veteran.

Legislative Priorities to create a more supportive and equitable disability benefits program.

  • VA could use its rule-making authority to address long-standing inequities and create policies more consistent with a pro-claimant, benevolent veterans disability benefits program,1 but they have not done so.
     
  • Therefore Congress will need to make changes themselves by passing legislation such as the Veterans 2nd Amendment Protection Act.

Unique Legal Parameters - Important differences between the legal parameters governing typical forensic mental health evaluations and C&P exams for PTSD and other mental disorders.


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Footnotes

1. Hodge v. West, 155 F.3d 1356, 1363 (Fed. Cir. 1998) ("... in the context of veterans' benefits where the system of awarding compensation is so uniquely pro-claimant, the importance of systemic fairness and the appearance of fairness carries great weight.")


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