69 Am. U. L. Rev. 1343 (2020).

* Director of the Veterans Clinic, University of Missouri School of Law.

** Assistant Professor of Law and Director of the Veterans Legal Clinic, UIC John Marshall Law School.

*** Director of the Veterans Law Institute and Veterans Advocacy Clinic, Stetson University College of Law.

The authors would like to thank law students Justin Brickey at the University of Missouri School of Law, Rebecca Klonel at Stetson University College of Law, and Derek Centola and the staff of the American University Law Review for including a discussion of veterans law and the Federal Circuit in its 2019 Federal Circuit Symposium. And, a special thanks to Professor Andrew Popper who was a patient and wonderful moderator at the Symposium’s panel on veterans law.

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.