Federal Circuit

Question 1

INSTRUCTIONS:

1. Read Hite v. Shinseki, United States Court of Appeals for the Federal Circuit (this case in unpublished, see the summary in your text) and Cromer v. Nicholson, 455 F.3d 1346 (Fed. Cir. 2006).
2. In a one-to-two page paper discuss the following:
   1. Why do you think the regulation requiring the VA to assist applicants was enacted?
   2. Does the assistance requirement shift the burden of proof?
   3. Identify two situations in which the burden of proof does shift. Why do you think these exceptions were enacted?

Question 2

INSTRUCTIONS:

1. Find a case to illustrate the following:
   1. De Novo Standard;
   2. Substantial Evidence Standard;
   3. Arbitrary, Capricious, Abuse of Discretion Standard;
   4. Reasonableness Standard.

1. For each case provided: PROPERLY CITE THE CASES, give very brief facts of each, the rule of law, and why the standard of review was applicable in each particular case.