{"id":1249,"title":{"rendered":"Clerks\u2019 Perspective on Clerking and Advocacy Before the Veterans Court"},"content":{"rendered":"

\r\nEdgardo J. Rodriguez\u200a1<\/a>\u200a<\/span><\/sup> But what is a judicial clerkship, why should you do one, and how can you get one? You may have some or all these same questions as we did when we started our legal careers. You may simply want to learn more about the clerkship application process or about judicial clerks\u2019 day-to-day responsibilities. Or maybe you\u2019re specifically curious about clerking at the Veterans Court. This Section reflects our combined wisdom (often learned at our own expense!) about judicial clerking in hopes that inquisitive young lawyers or law students can learn from our experiences. We both speak as former appellate clerks, but we suspect much of our commentary applies to the trial level as well. \r\n<\/p>\r\n

\r\nSo, first, what are judicial clerkships? We won\u2019t bore you with the history behind judicial clerks;\u200a4<\/a>\u200a<\/span><\/sup> while first-year associate salaries in major markets have recently climbed to $190,000.\u200a16<\/a>\u200a<\/span><\/sup> Additionally, state court systems can hire clerks. Ultimately, the benefits of clerking can be lifelong. Moving to another locale for a year or two is maybe a small price to pay to foster for long-term success in your career.\r\n<\/p>\r\n

\r\nFor better or worse, the clerkship hiring process is heavily focused on one\u2019s academic credentials. There is simply no substitute for superlative law school performance, law review participation (especially as an editor and especially on a school\u2019s flagship law review), moot court participation (especially competition participation), and scholarly publication. Beyond that, judges may look to grades in certain law school courses (particularly legal writing courses), geographic connections to their district or home state, and common interests between applicants and themselves. \r\n<\/p>\r\n

\r\nLaw schools can often woefully lack in resources for prospective judicial clerks.\u200a21<\/a>\u200a<\/span><\/sup> But essentially, veterans can initiate various claims, such as those for disabilities incurred in or aggravated by their service,\u200a33<\/a>\u200a<\/span><\/sup> home loans,\u200a34<\/a>\u200a<\/span><\/sup> \r\n<\/blockquote>\r\n

\r\nThe agency maintains some 1,234 outpatient facilities, 300 vet centers, 143 hospitals, 135 cemeteries, and 56 regional offices, all serving almost 20 million veterans.\u200a54<\/a>\u200a<\/span><\/sup> This massive bureaucracy is funded with a budget approaching 2 trillion dollars.\u200a55<\/a>\u200a<\/span><\/sup> And, given the continuing War on Terror, the conflicts in the Middle East, and growing instability throughout the world, VA will likely only continue to grow. \r\n<\/p>\r\n

\r\nThe system certainly has its detractors. At the end of FY 2012, the Veterans\u2019 Benefits Administration (VBA), the part of VA that handles disability claims processing, had a backlog of 254,604 appeals with an average wait time of over 903 days to resolve appeals. By the end of FY 2015, the backlog had grown to 318,532 appeals with an average wait time of 935 days. These delays matter, particularly for such a vulnerable population. For example, in FY 2016, VA\u2019s Office of Inspector General estimates that 1,600 appeals were closed due to the claimant\u2019s death. Of those, 1,100 had been waiting for more than one year before their death.\u200a56<\/a>\u200a<\/span>\u200a56\u200a<\/span>Review of Timeliness of the Appeals Process, Dep't of Veterans Affairs Office of Inspector General<\/a>,<\/span> i (Mar. 28, 2018).<\/span><\/sup> Although the Veterans Court plays a limited role in the overall claims processing timeline, timely decision-making at every level of the process can only benefit claimants. Having discussed clerkships generally and the Veterans Court, we now turn to practical advice for practitioners before the court. \r\n<\/p>\r\n

\r\n<\/a>IV. Advice for Advocates before the Veterans Court\r\n<\/h2>\r\n

\r\nAs clerks, we occupied unique positions that relatively few advocates ever occupy. We read briefs and\/or listened to arguments first to learn about the case. Then we analyzed the arguments\u2019 strengths and weaknesses, for both our judge and the parties based on the law we had researched. This Section reflects those moments in which we had considered at a brief or listened to an argument and thought about how an advocate could have improved his or her chances of success on behalf of his or her client. We offer both abstract and more concrete takes on effective advocacy. Of course, we were not the decisionmakers, but to advocate effectively to a clerk is often to advocate effectively to a judge. If you win over a clerk, and a judge asks that clerk his or her opinion on a tough issue or case, your effective advocacy could have won you an advocate in chambers. \r\n<\/p>\r\n

\r\nClerking doesn\u2019t make us inherently special or better writers, and certainly not better speakers. We embrace that we still have much to learn about written and oral advocacy. But, our positions arguably taught us more than the average lawyer about good and bad writing and oral advocacy. We want to share that perspective in hopes that our general advice will contribute to the improved efficiency and administration of justice, even if it\u2019s in the smallest of ways. \r\n<\/p>\r\n

\r\nBefore diving into our thoughts on effective advocacy, we preface this discussion with a point of clarification. We lack experience to speak to effective advocacy at all stages of the veterans law system. In fact, we acknowledge that some of the most effective advocates frequently win<\/q> well before their client\u2019s claims would have the opportunity to come to our former court. We narrow our focus to our thoughts on effective advocacy for those who find themselves with a case before our former court. \r\n<\/p>\r\n

\r\n<\/a>Approach Advocacy as Relationship Building\r\n<\/h3>\r\n

\r\nWe analyze advocacy from this perspective because clerks either consciously or subconsciously think daily about advocacy through this lens. After all, everyone engaged in this system is a human being. Even though clerks presumably (at least we did) start reading briefs from a place of pure logic and emotional disengagement, never forget that we\u2019re human. For example, a clever<\/q> spin of a fact or a selective omission of an arguably bad fact could cause a clerk to distrust you as an advocate and elicit a mild sense of betrayal. On the other hand, a strategic concession could win you admiration and respect. As you write and argue, think about your successful relationships \u2014 both professional and personal \u2014 as touchstones. Model your (and, if relevant, your firm\u2019s) relationship with the Veterans Court after those relationships. If you do so, chances are, you will find more success before the Veterans Court. \r\n<\/p>\r\n

\r\nRelationship building is a particularly apt lens for viewing advocacy before the Veterans Court because its bar is a notoriously tight-knit group. It\u2019s a bit like a small town; everyone knows everyone, whether you like it that way or not. For claimants, a handful of individual advocates and firms handle most appeals that come to the Veterans Court. And with each appeal comes the guaranteed presence of the Secretary\u2019s counsel. \r\n<\/p>\r\n

\r\nConsequently, we encourage you to focus on the importance of relationship building not just in the context of any given appeal, but also over the course of time. Clerks occasionally consider an appeal in a vacuum. But if you\u2019re a frequent flyer (or plan to become one), never forget that an appeal is nothing more than the latest iteration of your relationship with the Veterans Court. \r\n<\/p>\r\n

\r\nThe good news is that you have a large measure of control over the nature of your relationship with the Veterans Court. An effective advocate is one who builds a relationship with the Veterans Court based on clear and honest communication, trust, and respect. With each filing or oral argument, you mature several relationships with the clerk(s) and judge(s) who read or listen to it. \r\n<\/p>\r\n

\r\nOn a final note, don\u2019t doubt the power of institutional memory in relationship building. Though your appeal may find its way to a clerk new to your brand of advocacy, trust that clerks talk to both other clerks and judges about advocates. It matters not at all whether you consider that talking undesirable or welcome. It will almost certainly happen. Accept it, and make it work for you.\r\n<\/p>\r\n

\r\n<\/a>Be a Good Teammate to the Veterans Court\r\n<\/h3>\r\n

\r\nIt takes a bad teamwork experience to appreciate the value of a good teammate. (If you haven\u2019t had a bad teamwork experience, consider whether it\u2019s because you were a bad teammate.) The good news is that it\u2019s never too late to become a good teammate. And in doing so, you guarantee yourself increased success at the Veterans Court. \r\n<\/p>\r\n

\r\nAt first thought, you may consider each party and the Veterans Court as three, separate teams. But try thinking about the Veterans Court and the parties\u2019 counsel as one team, trying to resolve the appeal. No lawyer ever forgets the adversarial nature of an appellate proceeding, but let\u2019s set that perspective aside for the sake of this discussion. If you can\u2019t shake the competitiveness, think about how you can become the Veterans Court\u2019s most trusted teammate. \r\n<\/p>\r\n

\r\nAnalogize to teamwork in other familiar settings, like teamwork between associate (i.e., party\u2019s counsel) and partner (i.e., Veterans Court). If the associate does poor or incomplete work, he or she shifts the burden of that work to the partner. This burden shifting presumably has a negative impact on their working relationship and gives the partner a negative impression of the associate. For the partner depending on the associate\u2019s work, procrastination or poor effort can communicate disrespect for the partner. Similarly, if a party\u2019s counsel submits a poor or incomplete brief to the Veterans Court, or presents a poor argument to the Veterans Court in which he or she fails to answer questions, that counsel shifts the burden to the Veterans Court, with negative consequences reminiscent of those the associate brought upon him or herself. \r\n<\/p>\r\n

\r\nA good teammate thinks deeply and critically about his or her case before briefing or arguing. He or she weeds out poor arguments or those simply unlikely to carry the day. Ideally, he or she narrows the appeal down to the most troublesome issues with the Board decision or the most fundamental flaws with the other side\u2019s reasoning. Crisp briefing in this respect is especially important and appreciated in a court with a high volume of cases. \r\n<\/p>\r\n

\r\nSome lawyers might grumble about the amount of time it takes to write an excellent, slim brief or prepare for an argument useful beyond the briefs. We recognize the time commitment those things require and certainly don\u2019t take it for granted. A good teammate decides that the time is worth submitting an excellent brief instead of a mediocre one, or preparing an enlightening argument rather than an ill-conceived or redundant one. Even if doing so involves some personal cost. If you don\u2019t think an appeal or opposition is worth the time to make the brief or argument good and right, then maybe you shouldn\u2019t appeal or oppose the appeal in the first place.\r\n<\/p>\r\n

\r\n<\/a>Educate Yourself on the Judges\r\n<\/h3>\r\n

\r\nLearning judges\u2019 preferences can lead to more effective advocacy. How does one do that? Read and listen a lot. \r\n<\/p>\r\n

\r\nTake advantage of the fact that the Veterans Court publishes the single-judge author\u2019s name in memorandum decisions, also known as single-judge decisions. For the diligent and thoughtful advocate, these opinions offer windows into the judges\u2019 preferences and judicial philosophies. On the other hand, panel and en banc majority opinions issue after often extended negotiations and compromises among the judges, such that it is virtually impossible to tell which individual thought what about the case, although concurrences and dissents can teach you about single judges\u2019 preferences. \r\n<\/p>\r\n

\r\nSimilarly, with respect to oral arguments, listen and note the nature of judges\u2019 questions and monologues. In the moment, they seek information from you, but you can also mine the conversation for nuggets of insight about them. Listen to as many arguments as possible, and read as many opinions as possible, to educate yourself on the Veterans Court. \r\n<\/p>\r\n

\r\n<\/a>But Beware Differing Preferences\r\n<\/h3>\r\n

\r\nJudge a assignment after briefing means you must mind a variety of preferences. To gain knowledge of judges\u2019 preferences is both a blessing and a curse. A blessing because you might know how to frame an issue just the right way to win over a judge on the fence. But a curse because knowledge makes you realize how difficult \u2014 if not impossible \u2014 it sometimes is to win over two quite different judges simultaneously. Some arguments are like one-way ratchets in that they please one judge\u2019s preferences without offending any other judges. You should always try to identify and include those types of arguments. But then there are those insidious arguments that, although they might intrigue and persuade one judge, offend another such that you\u2019ll lose that judge with that argument\u2019s inclusion. Think twice about arguments known to rub a judge the wrong way. Consider trying to write to please a variety of preferences. But aim at least not to offend preferences. \r\n<\/p>\r\n

\r\n<\/a>Reject a Get-Rich-Quick<\/q> Mentality\r\n<\/h3>\r\n

\r\nBy using this label, we don\u2019t mean to attach fraudulent or wrongful mindset to any advocate. Rather, we\u2019re intending to call out a fallacious mentality that tempts even the best of us. Arguably, to be human is to be tempted by a get-rich-quick<\/q> mentality. We encourage you to reject that tendency. Small investments rarely earn high returns in the short or long run. Similarly, in our eyes, devotion of only small amounts of time and little effort to researching, vetting, and writing your arguments threatens your success before our former court. \r\n<\/p>\r\n

\r\nWe suspect that instances of advocates falling victim to get-rich-quick<\/q> mentalities explain some of the ineffective advocacy in underwhelming briefs and arguments we saw. That mentality is the antithesis of an effective advocate\u2019s mentality. An effective advocate mentally and otherwise prepares him, or herself, for the hard work and long hours it often takes to do excellent work. \r\n<\/p>\r\n

\r\n<\/a>View the Writing Process as a Tool For Yourself, Not Just the Means of Communicating With the Veterans Court\r\n<\/h3>\r\n

\r\nYou may think about writing exclusively as the means to convey fully developed arguments and well-reasoned conclusions to the Veterans Court. But also consider it as a tool to help you to form those arguments and conclusions in the first place. \r\n<\/p>\r\n

\r\nIf you\u2019ve struggled with writer\u2019s block<\/q> or procrastination, or if you\u2019ve ever considered previously promising arguments weak on paper as a filing deadline looms, consider this insight that one of us gained during clerking. Writer\u2019s block, procrastination, or the baffling transformation of a strong argument in your head into a weak argument on paper sometimes signals deeper problems than they are in and of themselves. Sometimes a deeper lack of understanding of your arguments or the reasoning underlying your conclusion manifests itself in these more easily identifiable problems. \r\n<\/p>\r\n

\r\nOne of the only ways to realize your failure to understand something inside and out, backwards and forwards, is to start writing about it. Only then can you start to tease out the points of confusion or gaps in research, supporting law, and reasoning. This process can remedy writer\u2019s block and procrastination because it replaces stagnant thinking with a concrete, actionable to-do list. You also may educate yourself on your arguments\u2019 infirmities by trying and failing to articulate them, which inevitably will lead to stronger ones. Or maybe the realization that you shouldn\u2019t appeal at all (or oppose the appeal, from the Secretary\u2019s perspective). \r\n<\/p>\r\n

\r\nStarting the writing process early allows it to work for you in more ways than you can imagine and gives you time to strengthen your arguments. Allow time for the writing process to help you before you turn to educating the Veterans Court. \r\n<\/p>\r\n

\r\n<\/a>Say What You Mean and Mean What You Say\r\n<\/h3>\r\n

\r\nOccasionally, we would get to the end of a brief and realize that we couldn\u2019t articulate the brief\u2019s arguments coherently if our lives depended on it. Sometimes, assuming we figured it out, we would then find a way to restate it clearer and wonder why the advocate didn\u2019t just say that in the first place. \r\n<\/p>\r\n

\r\nTry to say what you mean as simply and directly as possible. Don\u2019t feel the need to fill the page limit if saying what you mean takes considerably less space. Repetition can result just as easily in confusion as emphasis of a point. \r\n<\/p>\r\n

\r\nA less common but still present problem is the blatant misuse of terms of art. This brings us to mean what you say.<\/q> Misusing terms of art confuses the argument and leads to misunderstandings about your client\u2019s position. These misunderstandings probably won\u2019t resolve in your favor. Misusing terms of art also contributes to the impression that you don\u2019t know what you\u2019re talking about, which potentially leads to distrust of the entire brief. If you use a legal term of art, mean it, not something else. \r\n<\/p>\r\n

\r\n<\/a>Assemble Analogous Legal Precedent For the Veterans Court When Faced With a New Frontier\r\n<\/h3>\r\n

\r\nCourts typically shy away from breaking new ground and do so only when necessary. If you want the Veterans Court to break new ground in your appeal, make it as easy as possible. One of the ways to make the appeal more palatable to more cautious judges is to show them that others broke the ground first. Find analogous situations. Look to appeals from other agencies to other courts. As clearly as you can, draw a roadmap, showing the Veterans Court where you want it to go and how it can get there. Don\u2019t forget, though, about the earlier point concerning one-way ratchets. Sometimes arguments about that which other courts have done can backfire, so tread carefully.\r\n<\/p>\r\n

\r\n<\/a>Find Yourself a Mentor or Sounding Board \r\n<\/h3>\r\n

\r\nFor new lawyers or lawyers new to veterans law, an experienced mentor is essential to teach sound advocacy practices. But even the most experienced of lawyers could benefit from a sounding board or someone who can vet (pun intended) advocacy practices. One of the most efficient ways to become a more effective advocate is to find other lawyers with whom you can debate good practice. \r\n<\/p>\r\n

\r\nWhat is great about practicing veterans law is that you immediately join a tight-knit group of advocates and bar association. Take advantage of that closeness. Reach out to a veterans law pro bono organization or a private lawyer whom you know. One thing on which everyone agrees is that veterans seeking benefits deserve the best representation lawyers can offer them, and we feel certain that healthy debate among members of the bar will improve everyone\u2019s advocacy. \r\n<\/p>\r\n

\r\nBut also consider talking to appellate lawyers who practice outside the veterans law world. Not only don\u2019t they compete with you for clients, in all likelihood, but they also can introduce you to good appellate advocacy tips. Who knows? Maybe you will walk away from one of those conversations with some inspiration that will fuel effective advocacy before our court, as we hope you will from this article.\r\n<\/p>\r\n

\r\n<\/a>V. Concluding Thoughts\r\n<\/h2>\r\n

\r\nClerking is an invaluable experience that offers young lawyers a unique perspective on the law and allows them to form valuable connections and relationships. Clerking at the Veterans Court is especially rewarding. We both consider it an honor to have clerked at the Veterans Court and to offer general advice and observations drawn from our experiences. If you apply to clerk or incorporate our advice into your practice, present or future, we\u2019ll consider this article successful. \r\n<\/p>\r\n

Footnotes<\/h2>
\u200a1<\/a>\u200a<\/span>Edgardo J. Rodriguez served as a law clerk to the Hon. Michael P. Allen, U.S. Court of Appeals for Veterans Claims. He obtained his B.S. from the University of Central Florida in 2014 and his J.D. cum laude from Stetson University College of Law in 2017.<\/div>
\u200a2<\/a>\u200a<\/span>Alison E. Preston also served as a law clerk to Judge Allen. She obtained her B.A. magna cum laude from Duke University in 2015 and her J.D. magna cum laude from Stetson University College of Law in 2018. The authors in no way intend this article as a subjective commentary on the proper outcome of any case. This article also in no way communicates information about past cases or any judge\u2019s decision-making process, or even our own decision-making processes.<\/div>
\u200a3<\/a>\u200a<\/span>Class of 2017 National Summary Report<\/cite>, Nat'l Assoc. of L. Placement<\/a>.<\/span><\/div>
\u200a4<\/a>\u200a<\/span>See Todd C. Peppers, Law Clerk Influence on Supreme Court Decision Making: An Empirical Assessment<\/cite>, 58 DePaul L. Rev. 51, 54\u201356<\/a> <\/span>(2008).<\/div>
\u200a5<\/a>\u200a<\/span>See Todd C. Peppers, Law Clerk Influence on Supreme Court Decision Making: An Empirical Assessment<\/cite>, 58 DePaul L. Rev. 51, 56<\/a><\/span> (2008).<\/div>
\u200a6<\/a>\u200a<\/span>See Philip B. Kurland, Jerome N. Frank: Some Reflections and Recollections of a Law Clerk<\/cite>, 24 U. Chi. L. Rev. 661, 663<\/a><\/span> (1957).<\/div>
\u200a7<\/a>\u200a<\/span>Eugene A. Wright, Observations of an Appellate Judge: The Use of Law Clerks<\/cite>, 26 Vand. L. Rev<\/span>. 1179, 1182\u201383 (1973) (quoting Felix Frankfurter, The Supreme Court in the Mirror of Justices<\/cite>, 105 U. Pa. L. Rev. 781, 787<\/a> <\/span>(1957)).<\/div>
\u200a8<\/a>\u200a<\/span>Felix Frankfurter, The Supreme Court in the Mirror of Justices<\/cite>, 105 U. Pa. L. Rev. 781, 787<\/a><\/span> (1957).<\/div>
\u200a9<\/a>\u200a<\/span>Patricia M. Wald, Selecting Law Clerks<\/cite>, 89 Mich. L. Rev. 152, 153<\/a><\/span> (1990).<\/div>
\u200a10<\/a>\u200a<\/span>Patricia M. Wald, Selecting Law Clerks<\/cite>, 89 Mich. L. Rev. 152, 153\u201354<\/a><\/span> (1990).<\/div>
\u200a11<\/a>\u200a<\/span>Alex Kozinski, Confessions of a Bad Apple<\/cite>, 100 Yale L.J. 1707, 1708<\/a><\/span> (1991).<\/div>
\u200a12<\/a>\u200a<\/span>Alex Kozinski, Confessions of a Bad Apple<\/cite>, 100 Yale L.J. 1707, 1708<\/a><\/span> (1991).<\/div>
\u200a13<\/a>\u200a<\/span>Alex Kozinski, Confessions of a Bad Apple<\/cite>, 100 Yale L.J. 1707, 1709<\/a><\/span> (1991).<\/div>
\u200a14<\/a>\u200a<\/span>See John W. Bruce & Michael I. Swygert, The Law Faculty Hiring Process<\/cite>, 18 Hous. L. Rev<\/span>. 215, 251 (1981).<\/div>
\u200a15<\/a>\u200a<\/span>See Salary Table 2019\u2013GS<\/cite>, Office of Personnel Management<\/a>.<\/span><\/div>
\u200a16<\/a>\u200a<\/span>See MP McQueen, Your Law Firm is Paying You $190K Right Out of Law School. Now What?<\/cite>, The Am. Lawyer<\/a> <\/span>(June 6, 2018, 3:04 PM.).<\/div>
\u200a17<\/a>\u200a<\/span>See Trenton H. Norris, The Judicial Clerkship Selection Process: An Applicant\u2019s Perspective on Bad Apples, Sour Grapes, and Fruitful Reform<\/cite>, 81 Calif. L. Rev. 765, 776\u201380<\/a><\/span> (1993); Susan Harp, Clerking \u2014 Something Every First Year Law Student Should Know<\/cite>, 29 Stetson L. Rev. 1291, 1294\u201395<\/a> <\/span>(2000).<\/div>
\u200a18<\/a>\u200a<\/span>See Alex Kozinski, Confessions of a Bad Apple<\/cite>, 100 Yale L.J. 1707, 1724\u201330<\/a> <\/span>(1991).<\/div>
\u200a19<\/a>\u200a<\/span>Welcome, Online System for Clerkship Application and Review<\/a><\/cite>.<\/div>
\u200a20<\/a>\u200a<\/span>Court Role and Structure<\/cite>, U.S. Courts<\/a>.<\/span><\/div>
\u200a21<\/a>\u200a<\/span>See Courting Clerkships: The NALP Judicial Clerkship Study<\/cite>, Nat'l Assoc. of L. Placement<\/a> (Oct. 2000).<\/div>
\u200a22<\/a>\u200a<\/span>See Mary Dunnewold, et al., Judicial Clerkships<\/cite>, 8 Legal. Comm. & Rhetoric: JALWD 239<\/a> <\/span>(2011).<\/div>
\u200a23<\/a>\u200a<\/span>President Abraham Lincoln, Second Inaugural Address<\/cite> (Mar. 4, 1865), in Abraham Lincoln: Selected Speeches and Writings<\/cite> 449 (Library of America ed., 1st Vintage Books 1992).<\/div>
\u200a24<\/a>\u200a<\/span>See James D. Ridgway, The Splendid Isolation Revisited: Lessons from the History of Veterans\u2019 Benefits Before Judicial Review<\/cite>, 3 Vet. L. Rev. 135<\/a><\/span> (2011); see also Michael P. Allen, Significant Developments in Veterans Law (2004\u20132006) and What They Reveal About the U.S. Court of Appeals for Veterans Claims<\/cite>, 40 U. Mich. J.L. Reform 483<\/a><\/span> (2007).<\/div>
\u200a25<\/a>\u200a<\/span>See Pub. L. No. 71\u2013536, Ch. 863 \u00a7 1, 46 Stat. 1016 (1930).<\/div>
\u200a26<\/a>\u200a<\/span>See Economy Act, Pub. L. No. 97\u2013332, Ch. 314, \u00a7 401\u201308, 47 Stat. 382<\/a> (1932).<\/div>
\u200a27<\/a>\u200a<\/span>Brown v. Gardner<\/i>, 513 U.S. 115, 122<\/a> (1994) (quoting H.R. Rep. No. 100\u2013963, pt. 1, at 10 (1988)).<\/div>
\u200a28<\/a>\u200a<\/span>See generally Kenneth B. Kramer, Judicial Review of the Theoretically Non-Reviewable: An Overview of Pre-COVA Court Action on Claims for Veterans Benefits<\/cite>, 17 Ohio<\/span> N.U. L. Rev.<\/span> 99 (1990); see, e.g., Johnson v. Robinson<\/i>, 415 U.S. 361<\/a> (1974); Marozsan v. United States<\/i>, 852 F.2d 1469<\/a> (7th Cir. 1988) (en banc); Devine v. Cleland<\/i>, 616 F.2d 1080, 1083-85<\/a> (9th Cir. 1980); Zayas v. Veterans Admin.<\/i>, 666 F.Supp. 361<\/a> (D.P.R. 1987); Plato v. Roudebush<\/i>, 397 F. Supp. 1295<\/a> (D. Md. 1975).<\/div>
\u200a29<\/a>\u200a<\/span>Pub. L. No. 100\u2013687, 102 Stat. 4105<\/a> (1988); see also Barton F. Stichman, The Veterans\u2019 Judicial Review Act of 1988: Congress Introduces Courts and Attorneys to Veterans Benefits Proceedings<\/cite>, 41 Admin. L. Rev.<\/span> 365 (1989).<\/div>
\u200a30<\/a>\u200a<\/span>See Veterans\u2019 Judicial Review Act of 1988, Pub. L. No. 100\u2013687, 102 Stat. 4105<\/a> (1988); see also Veterans Programs Enhancement Act of 1998, Pub. L. No. 105\u2013368, \u00a7 511, 112 Stat. 3315, 3341<\/a> (1998) (codified at 38 U.S.C. \u00a7 7251<\/a>).<\/div>
\u200a31<\/a>\u200a<\/span>38 U.S.C. \u00a7 7292<\/a> (2002).<\/div>
\u200a32<\/a>\u200a<\/span>See The Veterans Appeals Improvement and Modernization Act of 2017, Pub. L. No. 155\u201355, 131 Stat. 1105<\/a> (2017); see also Veterans Appeals Improvement and Modernization Act of 2017<\/cite>, Dep't of Veterans Affairs<\/a>.<\/span><\/div>
\u200a33<\/a>\u200a<\/span>38 U.S.C. \u00a7 1110<\/a> (1998); see Appeals Process Overview<\/cite>, Dep't of Veterans Affairs<\/a>.<\/span><\/div>
\u200a34<\/a>\u200a<\/span>38 U.S.C. \u00a7 3701\u20133703<\/a> (2006).<\/div>
\u200a35<\/a>\u200a<\/span>E.g., 38 U.S.C. \u00a7 3301<\/a> (2008) (providing Post-9\/11 educational assistance benefits).<\/div>
\u200a36<\/a>\u200a<\/span>See 38 U.S.C. \u00a7 7105(a)\u2013(d)<\/a> (2000).<\/div>
\u200a37<\/a>\u200a<\/span>See 38 U.S.C. \u00a7 7105(d)(3)<\/a> (2013); see also 38 U.S.C. \u00a7 7101\u20137104 <\/a> (2012).<\/div>
\u200a38<\/a>\u200a<\/span>See 38 U.S.C. \u00a7 7252(a)<\/a> (2012).<\/div>
\u200a39<\/a>\u200a<\/span>See 38 U.S.C. \u00a7 7253(i)(1)\u2013(2)<\/a>.<\/div>
\u200a40<\/a>\u200a<\/span>See 38 U.S.C. \u00a7 7253 <\/a> (2000).<\/div>
\u200a41<\/a>\u200a<\/span>See 38 U.S.C. \u00a7 7252(b)<\/a> (2012).<\/div>
\u200a42<\/a>\u200a<\/span>See 38 U.S.C. \u00a7 7261(c)<\/a> (2000).<\/div>
\u200a43<\/a>\u200a<\/span>See 38 U.S.C. \u00a7 7252(a)<\/a> (2012).<\/div>
\u200a44<\/a>\u200a<\/span>38 U.S.C. \u00a7 7261(a)(1)<\/a> (2006).<\/div>
\u200a45<\/a>\u200a<\/span>38 U.S.C. \u00a7 7261(a)(2)<\/a> (2006).<\/div>
\u200a46<\/a>\u200a<\/span>38 U.S.C. \u00a7 7261(b)<\/a> (2006).<\/div>
\u200a47<\/a>\u200a<\/span>See 38 U.S.C. \u00a7 7292<\/a> (2006).<\/div>
\u200a48<\/a>\u200a<\/span>Kalin v. Nicholson<\/i>, 172 F.App'x 1000, 1002<\/a> (Fed. Cir. 2006) (quoting 38 U.S.C. \u00a7 7292(d)(2)<\/a> (2000)).<\/div>
\u200a49<\/a>\u200a<\/span>38 U.S.C. \u00a7 7292(d)(1)<\/a> (2006).<\/div>
\u200a50<\/a>\u200a<\/span>See 38 U.S.C. \u00a7 7292(c)<\/a> (2006).<\/div>
\u200a51<\/a>\u200a<\/span>See Myers v. Derwinski<\/i>, 1 Vet. App. 127<\/a><\/span> (1991).<\/div>
\u200a52<\/a>\u200a<\/span>See 38 U.S.C. \u00a7 1154<\/a> (1991).<\/div>
\u200a53<\/a>\u200a<\/span>VA 2020 Budget Request: Fast Facts<\/cite>, Dep't of Veterans Affairs<\/a>.<\/span><\/div>
\u200a54<\/a>\u200a<\/span>Nat\u2019l Center for Veterans Analysis and Statistics, Department of Veterans Affairs Statistics at a Glance<\/cite>, Dep't of Veterans Affairs<\/a>.<\/span><\/div>
\u200a55<\/a>\u200a<\/span>Dep\u2019t of Veterans Affairs, President Trump Seeks $12B Increase in FY2019 VA Budget to Support Nation\u2019s Veterans<\/cite>, Dep't of Veterans Affairs<\/a>.<\/span><\/div>
\u200a56<\/a>\u200a<\/span>Review of Timeliness of the Appeals Process, Dep't of Veterans Affairs Office of Inspector General<\/a>,<\/span> i (Mar. 28, 2018).<\/div>\r\n","protected":false},"excerpt":{"rendered":"

Edgardo J. Rodriguez and Alison E. Preston<\/p>\n","protected":false},"meta":{"_citation":"7 Stetson J. Advoc. & L. 53 (2020)","_first_para":53,"footnotes":""},"class_list":["post-1249","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-24"]}