Review of Recent Veterans Law Decisions of the Federal Circuit, 69 AM. U. L. REV. 1343 (2020)

The last in-depth review of veterans law cases decided by the Federal Circuit was published by the American University Law Review in 2015. Since that time, the Federal Circuit has substantially changed procedural rules applicable to veterans cases, including authorizing the use of the class action device and clarifying the correct standard to use when challenging agency delay and inaction. In an important case with wide application to administrative law generally, the Federal Circuit addressed the issue of proper deference for agency regulations and policies. The Supreme Court granted certiorari in Kisor v. Wilkie and reaffirmed principles articulated in Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., articulating a new three-step analysis. With regard to substantive developments in the area of veterans law, the Federal Circuit reversed a prior 2008 decision and provided final and effective relief for “Blue Water” Navy Veterans who have long fought for Agent Orange-related benefits. It is a remarkable time to be a veterans advocate, and we are pleased to provide this update

Military Sexual Trauma: A Current Analysis of Disability Claims Adjudication Under Veterans Benefits Law

According to the 2018 Report of the Department of Veterans Office of Inspector General, military sexual trauma (“MST”) is on the rise, increasing 10% from the previous year. The Inspector General also found that the Department of Veteran Affairs (“VA”) improperly processed 49% of MST claims in the six-month time period reviewed. During this same time period, veterans’ benefits appeals took an average of seven years to complete, with one in four-teen veterans dying while the appeal was pending. These grim statistics, combined with an adjudication process described as an administrative “hamster wheel,” are untenable in a benefits system statutorily designed to be non-adversarial and veteran friendly. The advocate’s job is to help the veteran receive the full extent of allow-able compensation and to do so as expeditiously as possible. This article is intended to guide the veteran’s advocate through the administrative claims process, highlighting the major components of the process and the core legal concepts applicable to cases involving MST. The article will also identify the myriad of disabilities that can arise from MST, which are not limited to only mental health issues, so that veterans are properly rated for each and every symptom related to the trauma. Our hope is that this article provides a workable roadmap for the advocate, leading to better quality VA decision-making earlier in the VA adjudication process and better representation for veterans suffering from lasting effects of MST

Review of Recent Veterans Law Decisions of the Federal Circuit

The last in-depth review of veterans law cases decided by the Federal Circuit was published by the American University Law Review in 2015. Since that time, the Federal Circuit has substantially changed procedural rules applicable to veterans cases, including authorizing the use of the class action device and clarifying the correct standard to use when challenging agency delay and inaction. In an important case with wide application to administrative law generally, the Federal Circuit addressed the issue of proper deference for agency regulations and policies. The Supreme Court granted certiorari in Kisor v. Wilkie and reaffirmed principles articulated in Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., articulating a new three-step analysis. With regard to substantive developments in the area of veterans law, the Federal Circuit reversed a prior 2008 decision and provided final and effective relief for “Blue Water” Navy Veterans who have long fought for Agent Orange-related benefits. It is a remarkable time to be a veterans advocate, and we are pleased to provide this update

Fearful to Friendly (F2F): a Constructional Fear Treatment for Domestic Cats Using a Negative Reinforcement Shaping Procedure in a Home Setting

Feral and fearful cats and kittens in animal shelters are not likely to be adopted as companion animals because they emit fearful or aggressive behaviors in the presence of humans. The purpose of the fearful to friendly (F2F) research was to investigate a shaping procedure to increase friendly behaviors of feral and fearful domestic cats and kittens with the goal of achieving animal shelters’ adoptability criteria. The results showed the F2F procedure was a safe and very effective procedure to quickly tame feral kittens deemed unadoptable. The day after implementing F2F, three out of four kittens approached me and accepted petting and holding without any additional training

Belligerent broadcasting, male anti-authoritarianism and anti-environmentalism: the case of Top Gear (BBC, 2002–2015)

This article considers the format and cultural politics of the hugely successful UK television program Top Gear (BBC 2002–2015). It analyzes how—through its presenting team—it constructed an informal address predicated around anti-authoritarian or contrarian banter and protest masculinity. Regular targets for Top Gear presenter’s protest—curtailed by broadcast guidelines in terms of gender and ethnicity—are deflected onto the “soft” targets of government legislation on environmental issues or various forms of regulation “red tape. Repeated references to speed cameras, central London congestion charges and “excessive” signage are all anti-authoritarian, libertarian discourses delivered through a comedic form of performance address. Thus, the BBC’s primary response to complaints made about this program was to defend the program’s political views as being part of the humor. The article draws on critical discourse analysis and conversation analysis to consider how the program licensed a particular form of engagement that helped it to deflect criticisms, and considers the limits to such discursive positioning. We conclude by examining the controversies that finally led, in 2015, to the removal of the main presenter, Jeremy Clarkson, and the ending of this version of the program through the departure of the team to an on-demand online television service

Rediscovery of Otto Frank's contribution to science.

In the late 19th century, German physiologist Otto Frank (1865-1944) embarked on a near life-long research program of laying down the mathematical, methodological, and theoretical foundations in order to understand and define the performance of the heart and circulatory system in all their complexity. The existence of the 'Frank-Starling law' testifies to this. Two of his seminal publications have been translated into English previously, introducing Frank's research on the dynamics of the heart and the arterial pulse to a wider audience. It is likely that there are a host of other comparable achievements and publications of Frank that are still unknown to the international scientific (cardiological and physiological) community. However, their influence can still be felt and seen in modern cardiology and cardio-physiology, such as in the development of modern interactive simulating and teaching programs. We have translated and commented on ten of these papers, which can be read in parallel with the German originals. These publications show a wealth of theoretical assumptions and projections regarding the importance of the sarcomere, the development of models of contraction, thermo-dynamical considerations for muscular activity, differences between cardiac and skeletal muscles, problems related to methodology and measurement, and the first pressure-volume diagram (published 120 years ago). These topics were envisioned by Frank long before they became a focus of subsequent modern research. Nowadays, frequent measurements of pressure-volume relationships are made in research using the pressure-volume conductance catheter technique. In commenting Frank's scientific topics, we try to show how interconnected his thinking was, and thus how it enabled him to cover such a wide range of subjects. The authors regret that the following source was not mentioned. The portrait of the physiologist Otto Frank, shown on the front cover of JMCC volume 119 (June 2018), was kindly provided by the archive of University of Giessen/Germany copyright/permission: Universitätsarchiv Giessen/Germany Sign. HR A 114 a). The authors would like to apologise for any inconvenience caused

The hyponatremia epidemic: a frontier too far?

Hyponatremia is the most common electrolyte abnormality and is often neglected, especially in elderly and seemingly terminal patients. Hyponatremia can be asymptomatic or can cause symptoms ranging from nausea and lethargy to convulsions and coma. This condition has become increasingly common over time with a similar time course to the increase in adoption of low salt diets. The popularization of low salt may not be justified in people with normal kidney function in whom the compatible statistically based evidence that salt causes hypertension has been challenged by experimental evidence to the contrary

Increase Postpartum Gestational Diabetes Screening

Introduction: Diabetic women did not get follow up screening after delivery. Nurses are finding a way to screen more women

Geographic Resource Allocation Based on Cost Effectiveness: An Application to Malaria Policy.

Healthcare services are often provided to a country as a whole, though in many cases the available resources can be more effectively targeted to specific geographically defined populations. In the case of malaria, risk is highly geographically heterogeneous, and many interventions, such as insecticide-treated bed nets and malaria community health workers, can be targeted to populations in a way that maximises impact for the resources available. This paper describes a framework for geographically targeted budget allocation based on the principles of cost-effectiveness analysis and applied to priority setting in malaria control and elimination. The approach can be used with any underlying model able to estimate intervention costs and effects given relevant local data. Efficient geographic targeting of core malaria interventions could significantly increase the impact of the resources available, accelerating progress towards elimination. These methods may also be applicable to priority setting in other disease areas

Early career elementary teachers’ practices & perceptions related to language & language learners

There has been limited attention to early career teachers’ (ECTs) understandings and practices related to language in teaching and learning mathematics. In this qualitative case study, we drew upon frameworks for teacher noticing to study the language practices of six early career elementary and middle school mathematics teachers. We describe multiple themes that cut across teachers’ noticing related to language and language learners, and discuss one theme (i.e., Perspectives on multiple languages) in more detail, including evidence of specific forms of noticing. Implications for teacher education and professional development are discussed