Justia U.S. Federal Circuit Court of Appeals Opinion Summaries

The case concerns an attorney who represented a veteran in seeking disability benefits from the Department of Veterans Affairs (VA). The veteran originally filed a claim in 2007 for a bilateral hip disability and received a rating in 2008, which was later increased. In 2018, the Board issued a final denial for a higher rating for the left hip, which was not appealed and thus became final. In 2021, after the veteran underwent left hip replacement surgery, the attorney assisted with a new claim, resulting in a significantly increased rating and an award of past-due benefits. The attorney sought fees from this award, arguing that her work fell within the statutory scheme permitting attorney’s fees for representation after notice of the agency’s initial decision.The Board of Veterans’ Appeals denied the attorney’s request for fees, reasoning that the December 2021 rating decision was the initial decision for the increased rating claim, and since the attorney had not performed compensable work after that decision, she was not entitled to fees under 38 U.S.C. § 5904(c)(1). The United States Court of Appeals for Veterans Claims affirmed, concluding that the September 2021 claim for increased compensation was a new claim, not part of the same “case” as the original 2007 claim, and thus the attorney’s work prior to the December 2021 decision was not compensable.The United States Court of Appeals for the Federal Circuit reviewed the matter de novo and affirmed the Veterans Court’s decision. The court held that, for purposes of attorney’s fees under § 5904(c)(1), a new claim for increased disability based on new evidence and circumstances is not part of the same “case” as the original claim. The attorney was not entitled to fees for work performed prior to the December 2021 rating decision. The judgment was affirmed. View "JACKSON v. COLLINS " on Justia Law

A veteran who served during the Vietnam Era was awarded service connection for PTSD in 1993, effective from May 1991, with a 10% disability rating. In 2019, the Board of Veterans’ Appeals found clear and unmistakable error in the earlier decision and granted an earlier effective date of May 1983. The Board remanded the claim to the regional office to implement the earlier date and determine whether a higher rating was warranted. After the regional office denied a higher rating in a supplemental statement of the case, the Board preemptively issued its own denial before the veteran filed a required notice of disagreement.The United States Court of Appeals for Veterans Claims reviewed the Board’s action after the appellant argued the Board lacked jurisdiction, seeking vacatur and remand. The government conceded the Board lacked jurisdiction but argued for vacatur and dismissal, not remand. The Veterans Court vacated the Board’s decision and dismissed the appeal, concluding it lacked jurisdiction since no notice of disagreement had been filed. The court emphasized the veteran had a separate, properly noticed appeal pending regarding the merits of the regional office’s denial, and thus removed the ultra vires Board decision as an obstacle.The United States Court of Appeals for the Federal Circuit reviewed whether the veteran qualified as a “prevailing party” under the Equal Access to Justice Act for purposes of seeking attorney’s fees. The Federal Circuit held that vacatur of the ultra vires Board decision materially altered the legal relationship between the parties and constituted success on the merits of the judicial review action, conferring prevailing party status. The court reversed the Veterans Court’s denial of fees and remanded for further proceedings consistent with its opinion. View "GREENIDGE v. COLLINS " on Justia Law

The appellant, a veteran who served in the Marine Corps from 1983 to 1987, sought service-connected disability benefits for several conditions, including PTSD, migraine headaches, and frostbite injuries to his hands and feet. Over the years, he received increasing ratings for these conditions and was awarded special monthly compensation (SMC) at the (l) rate for aid and attendance needs due to PTSD. In April 2020, he filed a notice of disagreement regarding a VA regional office decision. The Board of Veterans’ Appeals later granted him additional SMC awards, including at the (o) and (r) rates, for combinations of his disabilities, but did not assign effective dates for these new awards, instead leaving that determination to the regional office.Following a joint motion for partial remand, the Board reconsidered and again awarded the additional SMC ratings but still withheld assigning effective dates. The appellant challenged this before the United States Court of Appeals for Veterans Claims, arguing the Board was required to decide the effective dates for the new SMC awards. The Veterans Court concluded that determining the effective date for an SMC award is a separate, downstream issue from entitlement and that the Board was not required to decide this issue when awarding SMC. Therefore, it dismissed the appeal for lack of jurisdiction.The United States Court of Appeals for the Federal Circuit reviewed the case and held that the Veterans Court did not commit legal error in its jurisdictional determination. The Federal Circuit agreed that the assignment of effective dates for SMC awards is a downstream issue for the regional office to decide and is not automatically before the Board unless specifically appealed. Consequently, the Federal Circuit affirmed the Veterans Court’s dismissal in part and dismissed the remainder of the appeal for lack of jurisdiction. View "DAVIS v. COLLINS " on Justia Law

Two claimants, a veteran and a non-attorney representative, each appealed to the Board of Veterans’ Appeals after an unfavorable Veterans Affairs regional office decision. In both cases, the Board dismissed their appeals as untimely due to a clear miscalculation of the filing deadline. Each claimant then filed a notice of appeal with the United States Court of Appeals for Veterans Claims (“Veterans Court”), seeking to overturn the erroneous Board dismissals and to have their cases reinstated for Board review.While the appeals were pending before the Veterans Court, the Board recognized its mistake and, on its own initiative, reinstated both claimants’ cases to its active docket, giving them the relief they had initially sought in their Veterans Court appeals. For one claimant, the Board later granted the full fee award requested; for the other, the Board remanded the benefit claims, and the regional office granted most but not all of the requested benefits.The Veterans Court, sitting en banc and by panel, dismissed both appeals as moot, holding that the Board’s actions rendered further judicial relief unnecessary. The court reasoned that the claimants had already received the relief available through judicial review, so no live controversy remained. The claimants argued that the filing of a notice of appeal divested the Board of jurisdiction and rendered its subsequent actions void.On appeal, the United States Court of Appeals for the Federal Circuit agreed with the government that the claimants lacked standing. The Federal Circuit held that, because the claimants had obtained all the specific relief sought prior to appealing to the Federal Circuit, there was no remaining injury that the court could redress. Accordingly, the court dismissed both appeals for lack of jurisdiction. View "KERNZ v. COLLINS " on Justia Law

An attorney entered into a fee agreement with a veteran to represent him in a claim for increased disability benefits from the Department of Veterans Affairs (VA). The agreement provided that the attorney would receive 20% of any past-due benefits awarded, and this fee would be paid directly by the VA from any such award. The veteran had previously requested an increased rating on his own, and after the attorney became involved and filed a notice of disagreement, the VA granted the increase, awarding past-due benefits. The VA initially determined the attorney was entitled to the agreed fee but failed to withhold it from the benefits paid to the veteran, resulting in an overpayment. The VA later paid the attorney and recouped the overpaid amount from the veteran’s future benefits.Subsequently, the veteran challenged the reasonableness of the attorney’s fee before the VA Office of General Counsel (OGC), which concluded that the fee was excessive considering the attorney’s limited involvement and the fact that the award was based on the veteran’s earlier request. The OGC reduced the allowed fee and ordered the attorney to refund the difference to the veteran. The Board of Veterans’ Appeals affirmed this decision. The attorney appealed to the United States Court of Appeals for Veterans Claims, which also affirmed the Board’s determination.The United States Court of Appeals for the Federal Circuit reviewed the case. The court held that, under 38 U.S.C. § 7263(d), it lacked jurisdiction to review decisions by the Veterans Court regarding the reasonableness of attorneys’ fees in such proceedings. The statute clearly provides that such orders by the Veterans Court are final and may not be reviewed by any other court. Therefore, the Federal Circuit dismissed the appeal for lack of jurisdiction. View "KENDALL v. COLLINS " on Justia Law

The claimant, a veteran who served from 1986 to 1990, sought special monthly compensation (“SMC”) under federal law based on his total disability rating due to individual unemployability (“TDIU”). His TDIU was awarded because of several service-connected disabilities, including bowel and bladder incontinence, intervertebral disc syndrome, hypertension, radiculopathy, and cervical spine arthritis, resulting in a combined rating of ninety percent. He applied for SMC under 38 U.S.C. § 1114(s), arguing that his TDIU and the underlying disabilities qualified him for this additional benefit.His claims for SMC were denied by the Department of Veterans Affairs Regional Office. He appealed to the Board of Veterans’ Appeals, which found that he was not entitled to SMC because he did not have a single service-connected disability rated as totally disabling, nor was his TDIU based on one disability, as the statute required. The Court of Appeals for Veterans Claims affirmed the Board’s decision, rejecting the argument that multiple disabilities could be combined to constitute “a service-connected disability rated as total” under the statute.On further appeal, the United States Court of Appeals for the Federal Circuit reviewed the statutory interpretation of 38 U.S.C. § 1114(s). The court held that, based on the plain language of the statute, SMC eligibility requires a single service-connected disability rated as total. The court also held that the regulation allowing multiple disabilities to be combined for TDIU purposes does not satisfy the requirement for SMC under § 1114(s). The Federal Circuit affirmed the decision of the Court of Appeals for Veterans Claims. View "MACKEY v. COLLINS " on Justia Law

A United States Army veteran who served in Vietnam from 1969 to 1972 sought increased disability compensation from the Department of Veterans Affairs (VA) due to post-traumatic stress disorder (PTSD). After his retirement from a construction consulting career, the veteran was granted service-connected disability compensation for PTSD, and his rating was eventually increased to 50 percent. In 2021, the veteran applied for a total disability rating based on individual unemployability (TDIU) under 38 C.F.R. § 4.16(b), asserting that his PTSD rendered him unable to secure or follow substantially gainful employment.The Board of Veterans’ Appeals denied the TDIU claim, finding that the veteran’s education, training, and work history demonstrated adaptability, and that he was physically and mentally capable of performing certain jobs with limited social interaction. The Board listed warehouse worker, assembly line worker, and custodian as illustrative occupations he could perform. The United States Court of Appeals for Veterans Claims (Veterans Court) affirmed the Board’s denial, reasoning that the Board was not required to identify actual jobs in the market and that any error in doing so was harmless, relying on precedent that TDIU determinations do not require analysis of specific job market opportunities.On appeal, the United States Court of Appeals for the Federal Circuit reviewed the Veterans Court’s decision. The Federal Circuit held that the Veterans Court may have committed legal error in its harmless-error analysis, specifically by misreading precedent and by applying a rigid rule inconsistent with the proper harmless-error standard. The court vacated the Veterans Court’s decision and remanded for further proceedings, instructing it to reconsider the challenge regarding the Board’s use of illustrative jobs in its TDIU denial. Each party was ordered to bear its own costs. View "JANICH v. COLLINS " on Justia Law

A veteran who served in the U.S. Navy sought service-connected disability benefits for several medical conditions, including asthma, chronic obstructive pulmonary disease (COPD), gastroesophageal reflux disease (GERD), and an enlarged prostate. He claimed that GERD and prostate issues were secondary to COPD, which he alleged was caused by exposure to lead paint during his military service. The veteran submitted medical articles and sworn statements supporting the connection between lead exposure and these conditions in February 2022 during an appeal for asthma and COPD. When he later appealed the denial of benefits for GERD and prostate conditions, he attached an addendum to his Notice of Disagreement (NOD) directing the Board of Veterans’ Appeals to consider the previously submitted evidence.After the regional office denied his claim, the veteran sought higher-level review, which was also denied. He then appealed to the Board, selecting an appeal track that allowed submission of additional evidence without a hearing. The Board denied his appeal, stating that no “new and relevant” evidence had been presented and refusing to consider the February 2022 evidence because it had been submitted before the NOD for the current claim. The Board reasoned that evidence must be submitted anew with each NOD to be considered. The veteran appealed to the United States Court of Appeals for Veterans Claims, which affirmed the Board’s decision, relying on Cook v. McDonough to hold that evidence submitted between the agency decision and the NOD was excluded from consideration.The United States Court of Appeals for the Federal Circuit reviewed the statutory interpretation de novo and held that the veteran satisfied the evidentiary submission requirement by clearly and timely referencing the prior submission in his NOD addendum. The court reversed the Veterans Court's decision, concluding that the Board must consider the evidence previously submitted and clearly incorporated by reference with the NOD. View "CASH v. COLLINS " on Justia Law

David Hamill served in the U.S. Marine Corps from 2009 to 2013 and was discharged under “Other Than Honorable” conditions. After his discharge, he sought disability compensation for PTSD and other conditions, but the Department of Veterans Affairs (VA) denied his application in 2014, citing that his discharge status barred him from most benefits. He did not appeal. In 2017 and again in 2021, Hamill filed new claims for disability benefits, which the VA interpreted as attempts to reopen his character of discharge determination. The VA ultimately granted service connection for PTSD in 2021, but did not address his discharge status, leaving Hamill without an appealable decision on that issue. Hamill’s attorney later requested an adjudication of his discharge characterization, but the VA replied that he should seek a change through the Service Department.Hamill then petitioned the United States Court of Appeals for Veterans Claims for a writ of mandamus to compel the VA to adjudicate his character of discharge claim. The Secretary moved to dismiss the petition as moot after the VA sent a letter in February 2023 explicitly finding no new and material evidence to reopen the discharge determination. Hamill also requested class certification, arguing the petition was not moot due to certain exceptions. A divided panel of the Veterans Court dismissed Hamill’s petition, concluding it was moot based on the implicit denial doctrine, which held that the 2021 VA decision implicitly denied his claim.The United States Court of Appeals for the Federal Circuit reviewed the case and held that under the Appeals Modernization Act (AMA), the VA can no longer implicitly deny claims; decisions must explicitly identify adjudicated issues. The court vacated the Veterans Court’s order dismissing Hamill’s petition and remanded the case for further proceedings, including consideration of mootness exceptions. Costs were awarded to Hamill. View "HAMILL v. COLLINS " on Justia Law

A veteran sought compensation from the Department of Veterans Affairs (VA) for a neck injury, initially filing his claim in 2007. The VA denied the claim, and in 2008, the veteran, with the help of a non-attorney representative, filed a notice of disagreement (NOD) to appeal the denial. In 2012, the veteran retained an attorney, who entered into a contingency fee agreement and subsequently filed an additional claim on the veteran’s behalf for service-connected post-traumatic stress disorder (PTSD). The attorney also submitted new evidence and arguments to support both the neck injury claim and a claim for total disability based on individual unemployability (TDIU), referencing both the neck injury and PTSD.The Board of Veterans’ Appeals later found the neck injury was service connected and remanded the neck claim to the VA Regional Office for a rating decision, while referring the TDIU claim to the Regional Office, as it had not been addressed previously. The Regional Office ultimately granted past-due benefits for the neck injury, PTSD, and TDIU, but awarded attorney’s fees to the attorney only for the portion of benefits related to the neck injury—finding that the PTSD claim was not part of the appealed case under the relevant statute. The Board affirmed this determination, and the United States Court of Appeals for Veterans Claims also affirmed, concluding that the PTSD claim was not connected to the original NOD regarding the neck injury.On appeal, the United States Court of Appeals for the Federal Circuit reviewed the case. The court held that, under 38 U.S.C. § 5904(c)(1) (2012), attorney’s fees may only be paid for services provided after an NOD is filed, and only for the “case” addressed by that NOD. The court affirmed that the PTSD claim was not part of the same case as the neck injury claim appealed in the 2008 NOD, and therefore attorney’s fees were not authorized for services related to the PTSD claim. The Federal Circuit affirmed the decision of the Veterans Court. View "HOLSTEIN v. COLLINS " on Justia Law