Oral Arguments:
Below is a list of oral arguments scheduled for a hearing before the Court of Appeals for the Federal Circuit (CAFC) and Court of Appeals for Veterans Claims (CAVC) with brief summaries of the issues described as being on review. Each court often livestreams arguments on Youtube and makes the hearings available for later on-demand viewing. Cases at the CAFC can be found here: U.S. Court of Appeals for the Federal Circuit - YouTube. Cases at the CAVC can be found here: United States Court of Appeals for Veterans Claims - YouTube. Cases may settle before argument is conducted.
Court of Appeals for the Federal Circuit
Monday, January 6, 2025, 10:00 A.M.
Louvall v. McDonough, 23-1869. Whether the claimant qualifies as a "prevailing party" under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and is entitled to attorney fees and expenses. More specifically, whether the remand of his case to the Board of Veterans' Appeals without acknowledgement of error is sufficient to alter the relationship between the parties.
Tuesday, January 7, 2025, 10:00 A.M.
Military-Veterans Advocacy v. Secretary of Veterans Affairs, 23-1869. Whether certain provisions related to access to electronic VA records are lawful.
Wednesday, January 8, 2025, 10:00 A.M.
Brown v. McDonough, 23-1847. The judicial review available for the claimant who asked the VA to reconsider his claims based on the addition of new evidence after a decision.
Monday, January 13, 2025, 10:00 A.M.
Williams v. McDonough, 24-1030. Review of a clear and unmistakable error decision.
Tuesday, February 4, 2025, 10:00 A.M.
Lownsdale v. McDonough, 24-1919. The proper effective date for certain claims and the standard for evaluating this issue.
Tuesday, February 4, 2025, 10:00 A.M.
Smith v. McDonough, 24-1919. The analysis required under 38 C.F.R. 3.156(c)(1) when a claimant asserts the submission of service-department records that were not previously reviewed and might entitle him to an earlier effective date.
Wednesday, February 5, 2025, 10:00 A.M.
Messer v. McDonough, 23-1543. The nature of a supplemental claim in different factual circumstances.
Wednesday, February 5, 2025, 10:00 A.M.
Boynton v. McDonough, 23-1830. The scope of the evidence that must be considered in an appeal.
Friday, February 7, 2025, 10:00 A.M.
Bridges v. McDonough, 23-2207. The meaning of relevant in 38 C.F.R. 3.156(c)(1), which evaluates the effect of newly-added service-treatment records on a previously-denied claim.
Friday, February 7, 2025, 10:00 A.M.
Smith v. McDonough, 23-2213. The evidentiary burden under the presumption of soundness.
Louvall v. McDonough, 23-1869. Whether the claimant qualifies as a "prevailing party" under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and is entitled to attorney fees and expenses. More specifically, whether the remand of his case to the Board of Veterans' Appeals without acknowledgement of error is sufficient to alter the relationship between the parties.
Tuesday, January 7, 2025, 10:00 A.M.
Military-Veterans Advocacy v. Secretary of Veterans Affairs, 23-1869. Whether certain provisions related to access to electronic VA records are lawful.
Wednesday, January 8, 2025, 10:00 A.M.
Brown v. McDonough, 23-1847. The judicial review available for the claimant who asked the VA to reconsider his claims based on the addition of new evidence after a decision.
Monday, January 13, 2025, 10:00 A.M.
Williams v. McDonough, 24-1030. Review of a clear and unmistakable error decision.
Tuesday, February 4, 2025, 10:00 A.M.
Lownsdale v. McDonough, 24-1919. The proper effective date for certain claims and the standard for evaluating this issue.
Tuesday, February 4, 2025, 10:00 A.M.
Smith v. McDonough, 24-1919. The analysis required under 38 C.F.R. 3.156(c)(1) when a claimant asserts the submission of service-department records that were not previously reviewed and might entitle him to an earlier effective date.
Wednesday, February 5, 2025, 10:00 A.M.
Messer v. McDonough, 23-1543. The nature of a supplemental claim in different factual circumstances.
Wednesday, February 5, 2025, 10:00 A.M.
Boynton v. McDonough, 23-1830. The scope of the evidence that must be considered in an appeal.
Friday, February 7, 2025, 10:00 A.M.
Bridges v. McDonough, 23-2207. The meaning of relevant in 38 C.F.R. 3.156(c)(1), which evaluates the effect of newly-added service-treatment records on a previously-denied claim.
Friday, February 7, 2025, 10:00 A.M.
Smith v. McDonough, 23-2213. The evidentiary burden under the presumption of soundness.
Court of Appeals For Veterans Claims
Monday, January 13, 2025, 2:00 P.M.
Adams v. McDonough, 23-5065. The validity of a 2017 VA opinion that treats obesity as if it is not a disease or injury and therefore not compensable through disability compensation.
Wednesday, January 22, 2024, 2:00 P.M.
Skaar v. McDonough, 24-5887. The authority of the Board of Veterans' Appeals to aggregate claims for purposes of class action claims.
Tuesday, February 4, 2025, 10:00 A.M.
Wiggins v. McDonough, 24-4591. The rules for expediting a VA case at the Board of Veterans Appeals based on military-sexual trauma.
Thursday, February 13, 2025, 10:00 A.M.
Chisolm v. McDonough, 22-7028. Eligibility for payment of attorney's fees related to an increased rating decision.
Adams v. McDonough, 23-5065. The validity of a 2017 VA opinion that treats obesity as if it is not a disease or injury and therefore not compensable through disability compensation.
Wednesday, January 22, 2024, 2:00 P.M.
Skaar v. McDonough, 24-5887. The authority of the Board of Veterans' Appeals to aggregate claims for purposes of class action claims.
Tuesday, February 4, 2025, 10:00 A.M.
Wiggins v. McDonough, 24-4591. The rules for expediting a VA case at the Board of Veterans Appeals based on military-sexual trauma.
Thursday, February 13, 2025, 10:00 A.M.
Chisolm v. McDonough, 22-7028. Eligibility for payment of attorney's fees related to an increased rating decision.