The Law of Veterans’ Benets 2008-2010:Signicant Develoents, Trends,and a Glise into the Future
Michael P. Allen
The two-year period addressed in this article has beena busy time for the United States Court of Appeals for VeteransClaims (“Veterans Court” or “Court”)
as well as in veterans’ lawgenerally. There is a new Secretary of the Department of VeteransAffairs (“Department” or VA) in a new administration.
Congresshas been active in the area both in passing important legislation
andin engaging in its oversight role.
The Veterans Court celebrated
Professor of Law, Stetson University College of Law; B.A., 1989, University of Rochester;J.D., 1992, Columbia University School of Law. This article is based on a presentationmade at the Eleventh Judicial Conference of the United States Court of Appeals for VeteransClaims (“Veterans Court” or “Court”) in March 2010. I am indebted to all the conference participants who provided comments on that presentation. I also thank Debbie Allen, LindaJellum, and Jason Stearns for their comments on this article and for their willingness todiscuss this project with me. Their comments were extraordinarily helpful.
It has been my pleasure to have spoken at the Court’s ninth, tenth, and eleventh judicialconferences. This article concerns the Eleventh Judicial Conference. I also wrote articles based on my presentations at the ninth and tenth judicial conferences.
The United States Court of Appeals for Veterans Claims at Twenty: A Proposal for a Legislative Commission to Consider Its Future
. U. L. R
. 361 (2009) [hereinafter Allen,
]; Michael P. Allen,
Signicant Developments in Veterans Law(2004-2006) and What They Reveal About the U.S. Court of Appeals for Veterans Claimsand the U.S. Court of Appeals for the Federal Circuit
. J.L. R
483 (2007)[hereinafter Allen,
Retired U.S. Army General Eric K. Shinseki was sworn in as the seventh Secretaryof the Department of Veterans Affairs (“Department” or VA) on January 21, 2009, after having been nominated to that position by President Barack Obama and conrmed bythe United States Senate.
Dep’t of Veterans Affairs, The Honorable Eric K. Shinseki(Jan. 2009), http://www1.va.gov/opa/bios/docs/shinseki.pdf.
Veterans’ Benets Improvement Act of 2008, Pub. L. No. 110-389, 122 Stat. 4145.
Activities of the respective committees of the House of Representatives and the Senatewith jurisdiction over veterans’ benets issues are detailed on their websites.
U.S. SenateCommittee on Veterans’ Affairs, http://veterans.senate.gov (last visited Oct. 10, 2010); HouseCommittee on Veterans’ Affairs, http://veterans.house.gov (last visited Oct. 10, 2010).