Training Resources

Recent Court Decisions 4.2023-10.2023

Agenda / Overview

Crews v. McDonough, 36 Vet. App. 67 (2023)

• Whether the Blue Water Navy Vietnam Veterans Act of 2019 precludes a veteran from receiving a retroactive effective date for an award of benefits under that Act for an herbicide-related condition, if his or her claim was previously denied in part due to the lack of evidence of a current disability?

Webb v. McDonough, 71 F.4th 1377 (Fed. Cir. 2023)

• Whether 38 C.F.R. § 4.20, relating to analogous ratings, requires a veteran with an unlisted condition (in this case, erectile dysfunction) to meet each and every requirement of the listed rating criteria?

Estevez v. McDonough, 36 Vet. App. 157 (2023)

• Whether a veteran can be compensated for limited internal or external rotation of the shoulder under the pre-amendment version of 38 C.F.R. § 4.71a, DC 5201 (limitation of motion of the arm), and (2) whether pain on motion and pain at rest are different manifestations of disability for purposes of assigning separate knee evaluations? 

Encarnacion v. McDonough, 36 Vet. App. 194 (2023)

• Whether a rating decision that simply implements a BVA decision can be appealed back to the BVA? (update regarding a case we highlighted in a previous webinar)

Davis v. McDonough, 36 Vet. App. 142 (2023)

• Whether a VA Form 10182 (Notice of Disagreement) faxed to the Board is “received” on the date it was faxed, or the date it was uploaded and acknowledged by VA, for purposes of calculating the 90-day period during which evidence can be submitted in the evidence submission lane under the AMA?

Frazier v. McDonough, 66 F.4th 1353 (Fed. Cir. 2023)

• Whether 38 C.F.R. § 4.59 contains a freestanding requirement for VA to grant at least a 10 percent rating for any service-connected joint condition that is associated with pain?

Duran v. McDonough, 36 Vet. App. 230 (2023)

• Whether, under DC 8004, when some manifestations of Parkinson’s disease are rated as compensable and total more than 30 percent under DCs other than DC 8004, but some manifestations remain that are not rated as compensable, do the ratings under the other DCs replace or combine with DC 8004’s minimum 30 percent rating?

Perciavalle v. McDonough, 74 F.4th 1374 (Fed. Cir. 2023)

• Whether, in determining if a claim of CUE was pled with specificity, VA has a duty to sympathetically read a Vet’s pro se CUE motion, and whether CUE must be based on an error already identified as erroneous by court decision or VA publication?

Wright v. McDonough, 36 Vet. App. 272 (2023)

• When a child of a totally disabled Vet exhausts DEA benefits before finishing a chosen program of education or special restorative training, is the disabled parent forever precluded from again receiving a dependent allotment based on that child?

Cook v. McDonough, 36 Vet. App. 175 (2023)

• Under the AMA, whether evidence submitted “with” the NOD means all evidence associated with the VA claims file when the NOD is filed (specifically, evidence submitted during the period between the time the RO decision was issued and the time the NOD was filed)?

• How specific must the Board be when explaining what evidence it did not consider in deciding a claim?