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Hoefer Law
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Our Blog Has Moved
For more recent Veterans' Case Law Blogs, click here.

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Scott v. McDonald
Scott
v. McDonald ,
789 F.3d 1375 (Fed. Cir. June 18, 2015) ISSUE EXHAUSTION;
PROCEDURAL ISSUES Held: “[T]he Board’s obligation to read
filings in a liberal manner does not require the Board or the Veterans Court to
search the record and address procedural ...

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Delisle v. McDonald
Delisle
v. McDonald ,
789 F.3d 1372 (Fed. Cir. June 18, 2015) JURISDICTION; RATING
KNEE CONDITIONS Held: The Federal Circuit cannot review the
CAVC’s application of law to fact. In dicta, the Court found that the plain
language of Diagnostic Code 5257 is no...

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Smith v. McDonald
Smith
v. McDonald ,
789 F.3d 1331 (Fed. Cir. June 17, 2015) 38 C.F.R. § 3.103,
COURT NOT REQUIRED TO GRANT JMR Held: The Court is not required to
automatically grant a joint motion for remand (JMR) – and its failure to do so
does not conflict with the rulin...

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Froio v. McDonald
Froio v. McDonald , 27 Vet.App. 352 (May
29, 2015) EAJA FEES FOR LAW STUDENTS Held: EAJA fees are allowed for work
performed by law students as part of a legal clinic setting. Click here for complete April  2015 Veterans Law Update.

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Wingard v. McDonald
Wingard v. McDonald , 27 Vet.App. 329
(May 8, 2015) 0% RATING; COURT
CANNOT REVIEW CONTENT OF RATING SCHEDULE Held: The CAVC is bound by the Federal
Circuit’s determination that the Court is statutorily precluded from
determining whether the inclusion of a ...

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Westfall v. McDonald
Westfall v. McDonald , docket no.
13-0575(E) (Apr. 28, 2015) JUDGMENT, MANDATE, EQUAL
ACCESS TO JUSTICE ACT (EAJA) Held: A CAVC order granting “a motion to expedite the
issuance of mandate does not, on its own, operate to shorten the time to appeal
to the F...

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Haynes v. McDonald
Haynes v. McDonald , 785 F.3d 614 (Fed.
Cir. Apr. 29, 2015) DIC, “SURVIVING
SPOUSE” DEFINITION, “ABUSED SPOUSE” EXCEPTION Held: In order to qualify for DIC benefits,
there must be a valid marriage at the time of the veteran’s death and
continuous cohabitati...

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Gray v. McDonald
Gray v. McDonald , 27 Vet.App. 313
(Apr. 23, 2015) AGENT ORANGE, “INLAND
WATERWAY,” DA NANG HARBOR Held: VA’s interpretation of 38 C.F.R. §
3.307(a)(6)(iii), designating Da Nang Harbor as an offshore waterway, is
irrational and inconsistent with the regulat...

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Toomer v. McDonald
Toomer v. McDonald , 783 F.3d 1229 (Fed.
Cir. Apr. 21, 2015) EQUITABLE TOLLING,
PRESUMPTION OF ADMINISTRATIVE REGULARITY Held: In order to warrant equitable tolling of the
120-day deadline to file an appeal with the Veterans Court, a claimant must
show (1) ...
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