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42 T. Jefferson L. Rev. 89 (2019-2020)
Challenging the Presumption of Competency of Veterans Affairs Compensation and Pension Examiners: Shifting the Burden of Proof from the Veteran Back to the VA

handle is hein.journals/tjeflr42 and id is 95 raw text is: CHALLENGING THE PRESUMPTION OF COMPETENCY OF VETERANS AFFAIRS COMPENSATION AND PENSION EXAMINERS: SHIFTING THE BURDEN OF PROOF FROM THE VETERAN BACK TO THE VA Nicole J. Soria* I. THE VA DISABILITY APPEALS PROCESS AND THE PRESUMPTION OF COMPETENCY . ............ 95 A. The Presumption's Foundation and Application in the VA Disability Appeals System ............... 96 1. In Butler v. Principi, the Court Found That the Board Properly Applied the Presumption to the VA's Routine Mailing of a Notice to the Veteran 97 2. The Presumption of Competency Implies That all Examiners are Sufficiently Qualified to Conduct Each Exam They Give and Provide Each Opinion They Write.......................... 98 a. Cox v. Nicholson; The VA is not Required to Affirmatively Establish an Examiner's Competency Before the Board is Permitted to * J.D. Candidate, Thomas Jefferson School of Law, 2020; M.B.A. California State University, San Marcos, Cal., 2015; B.A. Spanish Language and Literature, University of South Florida, Tampa, Fla., 2007. I would like to dedicate this Note to my husband, father, and grandfather. My father and grandfather, through their service to our country, inspired me to join the United States Marine Corps and serve in the war in Afghanistan. My husband Jesse, also a former U.S. Marine, served three tours in Iraq. After leaving the Marines, I worked as the Senior Paralegal at the Veterans Law Group (VLG) in La Jolla, Cal. until beginning law school. Through my work at VLG, I spoke with thousands of veterans going through the VA disability appeals process and was inspired by each and every one of their stories, service and sacrifice. I wrote this Note in hopes that the disability process for veterans will continue to be an important and relevant issue for our nation and that the process will serve in the best interests of those who selflessly put their lives in danger for us all. 89

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