NOVA v. Secretary of Veterans Affairs
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September 20, 2022
Fed. Circ. Rejects VA Guidance On Partial Knee Replacements
U.S. Department of Veterans Affairs guidance excluding vets with partial knee replacements from evaluation for 100% disability benefits was arbitrary and capricious, a Federal Circuit panel ruled Tuesday, pointing to the circuit's own precedent that previously rejected the VA's interpretation.
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April 22, 2021
Vets' Org. Tells Fed. Circ. To Void Disability Benefit Limits
A veterans' advocacy organization urged the U.S. Court of Appeals for the Federal Circuit to void rules that make it more difficult to receive compensation for a service-related knee injury, arguing that the rules contravened the court's own reasoning on the subject.
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December 08, 2020
Full Fed. Circ. Says Courts Can Review VA's Manual Rules
The full Federal Circuit on Tuesday allowed a disabled veterans advocacy group to challenge in court U.S. Department of Veterans Affairs rules that alter criteria for veteran disability claims for knee injuries, finding that federal courts have the jurisdictional authority to review VA interpretive rules laid out in its manual.
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October 09, 2020
COVID-19 IP Catch-Up: Moderna Promises & Ed Sheeran
In this round of intellectual property updates tied to the COVID-19 pandemic, Moderna said it would hold off on enforcing certain patents and Ed Sheeran said getting to the U.S. for a copyright trial may be impossible, among many other litigation updates.
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October 08, 2020
Full Fed. Circ. Mulls VA Manual Rules In First Remote Hearing
The full Federal Circuit undertook its first remote hearing Thursday, weighing whether it should overturn a 2017 decision that it can't review interpretive rules published in the U.S. Department of Veterans Affairs' administrative manual governing benefit claims.
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May 07, 2020
Full Fed. Circ. To Review Authority Over VA Manual Rules
The Federal Circuit has agreed to an en banc hearing on whether it should overturn a 2017 appellate ruling that it doesn't have the authority to review changes to how the U.S. Department of Veterans Affairs decides veterans' disability claims.