Supporting Our Veterans
Podcast: Non-binding Guidance: A Discussion of Kisor v. Wilkie
As Congress shifts from negotiating positions on appropriations bills to building a continuing resolution (CR) for the rest of the calendar year, the Department of Veterans’ Affairs (VA) has been left facing a nearly $15...more
The Supreme Court heard arguments yesterday morning in the case of Joseph Fischer, one of more than 300 people convicted of corruptly obstructing an official proceeding: the congressional certification on January 6, 2021, of...more
Do you employ an irrevocable trust or trusts as part of your estate plan? You need to review your irrevocable trust to ensure it still delivers the benefits intended. It is generally possible to modify an irrevocable trust,...more
According to the Department of Veterans Affairs’ (VA) most recent regulatory agenda, it plans to finalize a proposed rule that would make significant changes to requirements applicable to educational institutions that enroll...more
Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •States Want California To Leave Their Bacon Alone- •AGs...more
On April 14, a relatively unprecedented bipartisan coalition of state attorneys general from across the country joined forces to protect the rights of military veterans, which if successful would secure full educational...more
On January 1, 2023, an amendment to the New York State Labor Law went into effect, requiring all employers in the state who have fifty or more full-time employees to display a Veterans Benefits and Services Poster in a...more
Introduction - In Rudisill v. McDonough, 55 F.4th 879 (Fed. Cir. 2022), the en banc U.S. Court of Appeals for the Federal Circuit broke the core promise of “GI Bills” for post-9/11 era veterans by, for the first time in...more
The New York Department of Labor has issued a required posting regarding benefits and services available to military veterans in accordance with S.1961B/A3913...more
The Supreme Court recently issued its first decision of the Term in Arellano v. McDonough, affirming the Federal Circuit and holding that a statutory provision governing the effective date of a veterans’ benefits application...more
On January 23, 2023, the U.S. Supreme Court decided Arellano v. McDonough, affirming the Federal Circuit, and holding that equitable tolling did not apply to a statutory rule that the effective date for an award of veteran’s...more
The Promise to Address Comprehensive Toxics (PACT) Act expanded the benefits offered to veterans exposed to toxic substances in Iraq and Afghanistan. For post-9/11 combat veterans, the PACT Act extends the period of time they...more
On November 11, 2022, the United States will celebrate Veterans Day, an annual holiday honoring military veterans of the United States Armed Forces. The date was first recognized as Armistice Day, a holiday to celebrate the...more
Holland & Knight Health Dose is an in-depth weekly dose of legislative and regulatory insights to keep stakeholders abreast of happenings in Washington, D.C., impacting the health sector. This week's topics include . . . ...more
In honor of those who serve our country, WilmerHale’s In the Public Interest podcast is proud to highlight our nation’s veterans and the work being done by the National Veterans Legal Services Program (NVLSP). WilmerHale has...more
As Federal Circuitry readers know, the Supreme Court in recent years has granted review in many patent cases from the Federal Circuit—like last Term’s big decision in Arthrex. But the Supreme Court also takes up cases from...more
A recent statement by the U.S. Department of Veterans Affairs (VA) announced that it is hiring 2,000 new employees to help with processing disability claims, which is welcome news given that the current backlog of claims...more
The Department of Veteran Affairs (VA) has long outsourced care for veterans that the VA could not provide and for veterans’ emergency care (community care). Over the past decade, the VA has experienced significant...more
Program Emphasizes Connected Care Services for Low-Income and Veteran Patients - In a Public Notice released today, the FCC announced that its “Connected Care Pilot Program” (Pilot Program) application filing window will...more
On July 2, 2020, the US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published its final rule amending regulations regarding the OFCCP’s authority over TRICARE healthcare providers with respect...more
The claimant, Martinez, was a disabled veteran who suffered from multiple sclerosis. In September 2010, Martinez became a participant in his employer's group LTD benefits plan (the "Plan"). When his health deteriorated in...more
James Kisor, a Korean War Veteran, asked the Supreme Court to overrule a longstanding presumption that courts defer to an executive agency’s reasonable interpretation of its own regulation, a principle known as Auer...more
Eliminating a cruel quirk in federal bankruptcy law, legislation signed into law by President Trump on August 23, 2019, protects veterans disability benefits from creditors in bankruptcy proceedings. "By protecting their...more
Military veterans often pay a heavy toll for their service from a physical, emotional and even financial standpoint. A new federal law— the Honoring American Veterans in Extreme Need Act of 2019 or the HAVEN Act— aims to...more
A divided Supreme Court changed the landscape of administrative law in a recent decision, Kisor v. Wilkie. In Kisor, a slim majority declined to overrule Bowles v. Seminole Rock & Sand Co., Auer v. Robbins and related cases,...more