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Full-Text Articles in Law
Mind Reading And The Art Of Drafting Medical Opinions In Veterans Benefits Claims, James Ridgway
Mind Reading And The Art Of Drafting Medical Opinions In Veterans Benefits Claims, James Ridgway
James D. Ridgway
Once upon a time, deciding veterans benefits claims was simple and logical, although not perfect. Prior to the institution of judicial review, when a veteran filed a disability claim, the relevant records would be gathered and given to a panel of medical and legal experts. The experts would each bring their own specialized knowledge to the discussion and issue a decision that applied medical science and applicable law to the facts of the case. Such decisions may well have been correct as to the science and the law, but they were impossible to verify in the absence of any stated …
Equitable Power In The Time Of Budget Austerity: The Problem Of Judicial Remedies For Unconstitutional Delays In Claims Processing By Federal Agencies, James Ridgway
James D. Ridgway
This article begins the important work of synthesizing two areas of law that have been on a collision course recently: federal administrative law and structural reform remedies. The urgency of this problem is highlighted by two recent cases by the Supreme Court and the Ninth Circuit. They demonstrate both that the courts are unwilling to continue ignoring the widespread crises in federal agencies that manage benefit programs, and that the current model of equitable remedies for failing institutions is not up to the task of providing effective solutions. This article addresses the core case law and theory in both areas, …
Changing Voices In A Familiar Conversation About Rules Vs. Standards: Veterans Law At The Federal Circuit In 2011, James Ridgway
Changing Voices In A Familiar Conversation About Rules Vs. Standards: Veterans Law At The Federal Circuit In 2011, James Ridgway
James D. Ridgway
This review of the Federal Circuit's veterans benefits case law in 2011 suggests that a familiar struggle between rules and standards lurks under the surface of some of the more familiar debates in veterans law. In particular, it suggests that the struggle between Chevron deference and Gardner’s rule of resolving ambiguity in favor of the veteran can be framed this way. It also suggests that the rules-versus-standards framing can be used to better understand the debate about what it means for the benefits system to be veteran friendly. In addition, this article addresses the changing dynamics surrounding veterans law and …