Once upon a time, deciding veterans benefits claims was simple and logical, although not perfect. Prior to the institution of judicial review, when a veteran filed a disability claim, the relevant records would be gathered and given to a panel of medical and legal experts. The experts would each...

The fundamental challenge for the veterans benefits system today, including the appellate process, is system effects. That is the term academics use to describe the problem that occurs in large systems when the number of rules grows so large that the system stops producing the desired result,...

This lecture discusses the history of veterans benefits in America. It demonstrates that -- contrary to public perception -- veterans of WWII were treated unusually well and that the treatment of Vietnam veterans is much closer to the historical norm

Tracing statutory and regulatory history in veterans law can be exceptionally difficult. Although judicial review has only been available for a little more than two decades, the modern veterans benefits system evolved -- more by happenstance than design -- from the system that was originally...

Although economic and narrative analysis are clearly useful in exploring legal issues, their foundations and persuasive power have not been thoroughly investigated. Evolutionary biology can now explain how human beings instinctively approach legal problems, and what features from economic and...

The history of warfare is grittier and more complex than that portrayed by the jingoistic news reels of old. So too, the history of veterans benefits is much more checkered and conflicted than might be suggested by slogans welcoming home the nation’s heroes. Understanding the history and...