Veterans Law
Journal
A Quarterly Publication of the
Court of Appeals for Veterans Claims Bar Association
- Veterans Law Journal 2025, Vol. II (Summer 2025)
June 30, 2025
TABLE OF CONTENTS
Summary of the U.S. Court of Appeals for Veterans Claims (CAVC) Oral Argument at Suffolk University Law School
Message from CAVC Chief Judge Michael P. Allen
Message from CAVC Bar Association President James R. Drysdale
CLERK’S CORNER
Understanding Grievances Filed Against Practitioners
by Cary Sklar
PRACTICE SERIES ARTICLE
Sharpening Oral Argument at the U.S. Court of Appeals for Veterans Claims
By Judge Scott J. Laurer, with support from Joshua Wolinsky, Samantha Higgs, Solveig Frasch, Makena Bonheim, and Ed McGugin
CAVC BAR ASSOCIATION PROGRAMS
Recap: A View From the Bench
by Alyssa E. Lambert
Honor Flights: Living Monuments To Freedom
by Jen M. Wagman
CASE SUMMARIES
U.S. SUPREME COURT
Bufkin v. Collins, 145 S. Ct. 728 (2025)
Supreme Court Clarifies the Standard of Review for Court in Reviewing Benefit-of-the-Doubt Determinations
by Rebecca “Beck” Webster
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT
Amezquita v. Collins, 135 F.4th 1369 (Fed. Cir. 2025)
Federal Circuit Confirms Asymptomatic Conditions May Be Preexisting Defects for Purposes of the Presumption of Soundness
by Phil Zarone
Hatfield v. Collins, 135 F.4th 1362 (Fed. Cir. 2025)
Federal Circuit Affirms Denial of Retroactive Benefits Under 38 U.S.C. § 1151, Finding Failure to Obtain Informed Consent in 1980 Did Not Constitute Clear and Unmistakable Error
by Shahin Mirzaei
Military-Veterans Advocacy v. Secretary of Veterans Affairs,
130 F.4th 965 (Fed. Cir. 2025)
Federal Circuit Upholds New Background Check Regulations but Invalidates VA’s Authority to Inspect Attorneys and Agents Use of Remote Access to VA Systems
by Max W. Yarus
Roseberry v. Collins, 133 F.4th 1047 (Fed. Cir. 2025)
Extraordinary Circumstances Remains the Correct Standard for Equitable Tolling of the Equal Access to Justice Act Filing Deadline by Audrey Kirkley Reporting on
Smith (Daniel) v. Collins, 130 F.4th 1337 (Fed. Cir. 2025)
Federal Circuit Outlines the Statutory Limits of Its Jurisdiction, Pursuant to 38 U.S.C. § 7292
by Christopher Finelli
Smith (Joshua) v. Collins, 133 F.4th 1059 (Fed. Cir. 2025)
Federal Circuit Limits Accrued Benefits under 38 U.S.C. § 5121(a)(6) to Amount Necessary to Reimburse Expenses for Last Sickness and Burial By Krishna Ramaraju
Steele v. Collins, 135 F.4th 1353 (Fed. Cir. 2025)
All Components of VA’s Decision Notice Requirements Can Be Satisfied Through Implicit Denial
by Max C. Davis
Williams v. Collins, 131 F.4th 1325 (Fed. Cir. 2025)
Implicit Analysis of New and Material Evidence in Statement of Case Satisfies 38 C.F.R. § 3.156(b)
by Gerline R. Fleury Johnson
U.S. COURT OF APPEALS FOR VETERANS CLAIMS
Chisholm v. Collins, No. 22-7028 (Vet. App. Mar. 13, 2025)
TDIU Application May Serve as Supplemental Claim Based on Specific Facts of the Case
by John Butcher
Gladney-Chase v. Collins, No. 24- 4472 (Vet. App. Apr. 24, 2025) (per curiam order)
Class of Veterans and Dependents Alleging Unreasonable Delay in Docketing AMA Appeals of VHA Denials Certified
by Gina D'Amico
Ingram v. Collins, 38 Vet. App. 130 (2025)
Beneficial Effects of Medication Must Be Discounted When Not Specifically Contemplated by the Relevant Musculoskeletal Diagnostic Code
by Sarah “Sally” Battaile
Johnson v. Collins, No. 23-7589 (Vet. App. Mar. 26, 2025)
Decision by VA Regional Office Does Not Divest the Board of Jurisdiction
by Robert Glenn
Lorio v. Collins, 38 Vet. App. 120 (2025)
Prior To Withholding DIC Benefits, VA Must Provide Adequate and Fair Process, Including Applicable Legal Authority and Proper Accounting
by Charity Rohlfs
Loyd v. Collins, No. 22-5998 (Vet. App. May 8, 2025)
New and Relevant Evidence Required to Readjudicate Claim on the Merits, Regardless of When Supplemental Claim Filed Following an Unfavorable Decision
by Grace Raftery
Ripley v. Collins, No. 21-0947 (Vet. App. Mar. 24, 2025) (en banc order)
VA Provision of Claims Forms– Paper vs. Digital
by Joan K. Schneider Reporting on
Skaar v. Collins, No. 24-5887 (Vet. App. Apr. 29, 2025) (per curiam order)
Court Determines It Does Not Have Jurisdiction Over Board Decision Denying Motion to Aggregate Claims or Certify a Class
by Nancy P. Jones
Westervelt v. Collins, No. 23-0024 (Vet. App. Apr. 8, 2025)
Court Considers Standard a DRO Must Follow to Revise Decision to Negatively Affect a Claimant
by Keith M. Krom
BOOK REVIEWS
Review of Bloods: Black Veterans of the Vietnam War: An Oral History, written by Wallace Terry
Review by Holly L. Christian
Review of Warrior’s Return: Restoring the Soul After War, written by Edward Tick, Ph.D
Review by Hannah W. Katz, J.D.
ARTICLE
My Brother’s Keeper: In Search of a Simple Solution to Prevent Overpayments to Fiduciaries of VA Beneficiaries
by Anna Kapellan
ACKNOWLEDGEMENTS
If you are interested in contributing to the Veterans Law Journal, either as an author or editor, please reach out to Jeff Price, our Editor-in-Chief, at Jeffrey.price@nvlsp.org
VETERANS LAW JOURNAL EDITORS
Jeffrey Price (Editor‐in‐Chief)
Briana Tellado (Assistant Editor‐Articles)
Megan Kondrachuk (Assistant Editor‐Case Summaries)
Alyssa Lambert (Assistant Editor‐Events)
Jillian Berner
Emmanuel Bonilla
Judy Clausen
Emily Deutsch
Robert Divis
Matt Flanagan
Atossa Jackson
Morgan Zimarakos
Special thanks to Jon Hager for his help with the Veterans Law Journal. His contributions were made in his personal capacity and not on behalf of the government.
BAR ASSOCIATION BOARD OF GOVERNORS 2024-2025
President: James R. Drysdale
President-Elect: Meghan Gentile (President 2025-2026)
Immediate Past President: Ashley Varga (President 2023-2024)
Treasurer: Emma Peterson
Secretary: James Hekel
Members At-Large
Debra Bernal
Caitlin Biggins
Kirsten Dowell
John Juergensen
Keith Krom
Andrea MacDonald
Morgan MacIsaac-Bykowski
Renee Reasoner
Christopher Wysokinski
* The views and opinions expressed are those of the authors and do not necessarily reflect the position of the CAVC Bar Association or the Editor in Chief.
**Contributions by employees of the United States, including the Board of Veterans' Appeals and the Department of Veterans Affairs, are made in their personal capacity and not on behalf of the government.
- Veterans Law Journal 2025, Vol. III (Fall 2025)
TABLE OF CONTENTS
Summary of the U.S. Court of Appeals for Veterans Claims (CAVC) Oral Argument at DAV Headquarters in Kentucky
Message from CAVC Chief Judge Michael P. Allen
Message from CAVC Bar Association President James R. Drysdale
PRACTICE SERIES ARTICLE
An Evolving Perspective on the AMA from a Veterans’ Advocate
By Zachary Stolz
CAVC BAR ASSOCIATION PROGRAMS
Recap: CAVC Bar Association Members’ Day of Service–Korean War Memorial Wall Washing
by Keith M. Krom
Upcoming Events at a Glance:
Sep. 26: Election Deadline for Board Members
Sep. 30: CAVC Bar Association Annual Meeting
Oct. 15: VLJ Annual Committee Meeting
Oct. 22: Joint Program with CAVC Historical Society
Oct. 29: VLJ Planning Meeting for December Issue
Nov. 5: Supreme Court Group Admission
Nov. 8-9: Moot Court Competition at GWU
CASE SUMMARIES
U.S. SUPREME COURT
Soto v. United States, 145 S. Ct. 1677 (2025)
Supreme Court Holds Combat-Related Special Compensation Payment Statute Contains Its Own Settlement Mechanism
by Rebecca “Beck” Webster
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT
Deal v. Collins, 141 F.4th 1260 (Fed. Cir. 2025)
Federal Circuit Affirms that VA May Address Whether Certain Evidence is New and Material After it Fails to Do So at the Time Evidence Was Submitted
by Elise Romberger
Herrington v. Collins, 138 F.4th 1324 (Fed. Cir. 2025)
Rating by Analogy: Federal Circuit Clarifies Standard of Review to Be Applied by Court When Reviewing Board Selection of an Analogous Diagnostic Code
by Elizabeth M. Pesin
Wright v. Collins, 145 F.4th 1336 (Fed. Cir. 2025)
Federal Circuit Affirms Permanent Loss of Dependent’s Compensation When DEA Benefits Are Elected
by Shahin Mirzaei
U.S. COURT OF APPEALS FOR VETERANS CLAIMS
Adams v. Collins, No. 23-5064 (Vet. App. July 8, 2025)
Court Takes Aim at VA’s Interpretation of Obesity for Purposes of Secondary Service Connection
by Tara Burden
In re Bilharz, No. 22-6158, No. 23- 7931 (Vet. App. Aug. 14, 2025)
No AMA Requirement for the Same Board Member Who Conducted the Hearing to Render the Decision, Bryant Duties Apply to Board Hearings
by Margaret “Peggy” A. Costello
Concepcion-Maldonado v. Collins, No. 22-7476
(Vet. App. June 23, 2025)
Ripeness, Mootness, and How Downstream Consequences Can Resurrect Otherwise Resolved Claims
by David R. Seaton
Gladney-Chase v. Collins, No. 24- 4472 (Vet. App. July 10, 2025) (per curiam order)
Court Approves Settlement to Resolve Alleged Unreasonable Delay in Docketing AMA Appeals of VHA Denials
by Gina D'Amico
Loomis v. Collins, No. 23-4348 (Vet. App. July 15, 2025)
Court Determines That 38 U.S.C. § 3680A Modifies 38 U.S.C. § 3672 and Thus Imposes Additional Requirements on the Approval of Flight Training Courses
by Lilah Avery
Perkins v. Collins, No. 24-6515 (Vet. App. May 16, 2025)
Applying the Supreme Court’s Reasoning in Rudisill, the Court Concludes a Veteran with Six Years of Active Duty Service is Entitled to Both Educational Benefits
by Anna Kapellan
Wiggins v. Collins, No. 24-4591 (Vet. App. Aug. 1, 2025) (per curiam order)
38 U.S.C. § 7112(b) Does Not Compel Expedited Adjudication of MST Claims Despite Undesirable Three Year Delay
by Charity Rohlfs
Willen v. Collins, 38 Vet. App. 259 (2025)
Board Remand is an Appealable Final Decision Following a Denial of Benefits
by Koria Stanton
CAVC Nonprecedential Decisions
Kirschbaum v. Collins, No. 23-2451 (Vet. App. July 15, 2025) (nonprecedential decision)
Court Addresses Ameliorative Effects of Medication on Musculoskeletal Ratings in Non-Precedential Decision
by Mary K. Benton
Williamson v. Collins, No. 2024-1770 (Fed. Cir. July 16, 2025)
(per curiam) (nonprecedential decision)
Secretary’s Equitable Relief Decisions Under 38 U.S.C. § 503 Are Beyond the Board’s Judicial Review
by Christina Zahara Noh
BOOK REVIEWS
Review of Flyboys: A True Story of Courage, written by James Bradley
Review by Caleb A. Hayter
Review of Warbody: A Marine Sniper and the Hidden Violence of Modern Warfare, written by Joshua Howe and Alexander Lemons
Review by Briana Tellado
COMMENTARY
Why Soto v. United States is the Most Important Supreme Court Veterans Law Case in Years
by James D. Ridgway
EDITORIAL
A Look at Benefits and Concerns of the Proposed Veterans Appeals Efficiency Act of 2025
by Bradley Hennings
ACKNOWLEDGEMENTS
If you are interested in contributing to the Veterans Law Journal, either as an author or editor, please reach out to Jeff Price, our Editor-in-Chief, at Jeffrey.price@nvlsp.org
VETERANS LAW JOURNAL EDITORS
Jeffrey Price (Editor‐in‐Chief)
Briana Tellado (Assistant Editor‐Articles)
Megan Kondrachuk (Assistant Editor‐Case Summaries)
Alyssa Lambert (Assistant Editor‐Events)
Jillian Berner
Emmanuel Bonilla
Judy Clausen
Emily Deutsch
Robert Divis
Matt Flanagan
Atossa Jackson
Morgan Zimarakos
Special thanks to Jon Hager for his help with the Veterans Law Journal. His contributions were made in his personal capacity and not on behalf of the government.
BAR ASSOCIATION BOARD OF GOVERNORS 2024-2025
President: James R. Drysdale (2024-2025)
President-Elect: Meghan Gentile (President 2025-2026)
Immediate Past President: Ashley Varga (President 2023-2024)
Treasurer: Emma Peterson
Secretary: James Hekel
Members At-Large
Debra Bernal
Caitlin Biggins
Kirsten Dowell
John Juergensen
Keith Krom
Andrea MacDonald
Morgan MacIsaac-Bykowski
Renee Reasoner
Christopher Wysokinski
* The views and opinions expressed are those of the authors and do not necessarily reflect the position of the CAVC Bar Association or the Editor in Chief.
**Contributions by employees of the United States, including the Board of Veterans' Appeals and the Department of Veterans Affairs, are made in their personal capacity and not on behalf of the government.
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