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 of C&P Exams for PTSD and Other Mental Disorders - A chart showing the differences between the legal rules, procedures, and principles governing typical forensic mental health evaluations versus VA C&P exams.

U.S. Court of Appeals for Veterans Claims seal (symbol)United States Court of Appeals for Veterans Claims

PTSDexams.net is an educational site with no advertising and no affiliate links. Dr. Worthen conducts Independent Psychological Exams (IPE) with veterans, but that information is on his professional practice website.

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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