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

Veterans sought disability compensation for post-traumatic stress disorder (PTSD) allegedly caused by sexual assaults that occurred during service. Their service records do not reflect any reports of the alleged sexual assaults. The VA Regional Office, Board of Veterans’ Claims, and the Court of Appeals for Veterans Claims rejected the claims in part on the ground that the service records did not include reports of the alleged assaults, and because the veterans stated that the assaults were never reported to military authorities. The Federal Circuit vacated and remanded, holding that the absence of a service record documenting an unreported sexual assault is not pertinent evidence that the sexual assault did not occur; the Board and Veterans Court may not rely on failure to report an in-service sexual assault to military authorities as pertinent evidence that the sexual assault did not occur. View "AZ v. Shinseki" on Justia Law

Before the invasion of Iraq, KBR entered into contracts with the U.S. Army for the provision of dining facility (DFAC) services in Iraq. The contract at issue was for DFAC services at Camp Anaconda, one of the largest U.S. bases in Iraq. KBR subcontracted with Tamimi to provide services in Anaconda. As troop levels increased, the Defense Contract Auditing Agency (DCAA) engaged in audits of DFAC subcontracts. With respect to Anaconda, the DCAA concluded that KBR had charged $41.1 million in unreasonable costs for services provided from July 2004 to December 2004 and declined to pay KBR that amount. KBR sued and the government brought counterclaims, including a claim under the Anti-Kickback Act. The Court of Federal Claims held that KBR was entitled to $11,460,940.31 in reasonable costs and dismissed the majority of the government’s counterclaims, but awarded $38,000.00 on the AKA claim. The Federal Circuit affirmed the determination of cost reasonableness and dismissal of the government’s Fraud and False Claims Act claims and common-law fraud claim. The court remanded in part, holding that the Claims Court improperly calculated KBR’s base fee and erred in determining that the actions of KBR’s employees should not be imputed to KBR for purposes of the AKA. . View "Kellogg Brown & Root Servs, Inc. v. United States" on Justia Law

Middleton served on active duty from 1964 until 1990. He first sought compensation for type II diabetes mellitus in 2001. In 2002, a VA Regional Office granted service connection, assigning a disability rating of 20 percent under 38 C.F.R. 4.119. In 2009 Middleton was denied an increased rating after a VA physical examination. During his appeal, Middleton was treated with three oral hypoglycemic agents and daily injections of the drug Byetta®. In 2010, the Board of Veterans’ Appeals again denied a rating increase despite Middleton’s assertions that his diet was restricted, his activities were regulated, and he used an oral hypoglycemic agent, based on the fact that he did n not use insulin to regulate his diabetes. The Board stated that use of insulin is a necessary element for the 40-percent rating. The Veterans Court affirmed the denial. The Federal Circuit affirmed, stating it lacked jurisdiction to review the Veterans Court’s application of the regulations to the facts and that the Veterans Court did not err in interpreting the governing regulations View "Middleton v. Shinseki" on Justia Law

The Department of Veterans Affairs promulgated a rule that purported to eliminate certain procedural and appellate rights for veterans appearing before the Board of Veterans’ Appeals. The National Organization of Veterans’ Advocates (NOVA) sought review. During the course of review it became clear that the new rule was invalid; the VA made assurances to NOVA and to the Federal Circuit about how the matter would be handled pending resolution. It later became clear that these assurances were not honored by the VA. The Federal Circuit ordered the VA to show cause why it should not be sanctioned. The VA, conceding error, provided a detailed remedial plan. After clarifications, NOVA indicated its satisfaction with, and agreement to, the plan, under which the VA agreed to notify relevant claimants before the Board, to vacate the affected Board decisions, and to provide affected claimants with a new hearing even if relevant deadlines would otherwise have expired. The Federal Circuit approved the plan and did not enter sanctions. View "Nat'l Org. of Veterans Advocates, Inc. v. Sec'y of Veterans Affairs" on Justia Law

Flora is the widow of Donald, a World War II veteran, honorably discharged in 1945 after being diagnosed with diabetes mellitus. At that time the VA found his diabetes to be service-connected and gave him a disability rating of 40%. Beginning in 1950, Donald was hospitalized at various times for complications and declining health as a result of his diabetes and repeatedly, unsuccessfully, requested increases in his disability rating. In 1961, the Director of the Compensation and Pension Service found “clear and unmistakable error” and increased the rating to 60%, effective 1961. Ultimately, Donald’s disability rating was increased to 100%, effective 1965. Donald died in 1969, from complications of diabetes. Flora was granted dependency and indemnity compensation, 38 U.S.C. 1310, and filed a claim under 38 U.S.C. 1311(a)(2), which provides that a surviving spouse may qualify for increased benefits if the veteran received “or was entitled to receive . . . compensation for a service-connected disability that was rated totally disabling for a continuous period of at least eight years immediately preceding death.” The VA denied the claim in 2003. Flora pursued appeals, which were ultimately rejected by the Board of Veterans’ Appeals. The Veterans Court and Federal Circuit affirmed. View "Kernea v. Shinseki" on Justia Law

Massie served on active duty in the Army, 1968-1970 and was awarded VA benefits for varicose veins and related surgery, initially at 10% and increased to 50%, disability effective in 1990. In, 2001, Massie sought an increased disability rating. He submitted a letter from a VA physician who had treated Massie for “multiple medical problems” including “chronic venous insufficiency” that had “persisted in spite of prior surgical treatment with vein stripping” and that left Massie with significant pain when he was on his feet for any period of time. The regional office increased Massie’s rating to 100%, as of the 2001 date of his filing. The Veterans Court determined that the physician’s letter, dated 1999, did not qualify as an informal claim that would entitle Massie to an earlier effective date for the 100% rating. The Federal Circuit affirmed that the letter was not a “report of examination” because it did not describe the results of a “specific, particular examination” and did not suggest that Massie’s condition had worsened. View "Massie v. Shinseki" on Justia Law

Antonellis, a member of the Navy Reserve since 1986, is a member of boththe Selected Reserve, a paid unit, and the Individual Ready Reserve, which is unpaid. From 2009 through 2011, Antonellis submitted 69 applications, but he was not assigned to any Selected Reserve billet and was instead assigned to a Volunteer Training Unit in the Individual Ready Reserve. He performed those duties without pay. In 2011 Antonellis filed suit under the Military Pay Act, 37 U.S.C. 206(a), asserting that, based on his outstanding service record and the standards described in the Commander’s guidance letter, he “has been clearly entitled to a pay billet” and that the decision not to assign him to a Selected Reserve pay billet was arbitrary. He sought more than $64,700 in back pay. The Claims Court dismissed the claim as nonjusticiable, because there were no standards by which it could review the Navy’s assignment decisions. The Federal Circuit affirmed. View "Antonellis v. United States" on Justia Law

Louis Burden, a Vietnam veteran, served on active duty in the Army from 1948 until 1968. He married Michele in a ceremonial marriage in April, 2004. Two months later, Burden died. In August 2004, Michele applied for dependency and indemnity compensation. A VA regional office denied her claim because she had not been married to Burden for at least one year prior to his death, 38 U.S.C. 1102(a). Michele asserted that she and Burden had been living in a common law marriage for five years prior to his death. The board acknowledged that she had provided some evidence to support her claim, but concluded that it did not constitute the “clear and convincing proof” required to establish a valid common law marriage under Alabama law. The Veterans Court and the Federal Circuit upheld the denial. State law, including state law evidentiary burdens, applies in determining the validity of a purported common law marriage View "Burden v. Shinseki" on Justia Law

USM builds military boats. Working with VT Halter, USM designed a special-operations craft with a hull made out of composite materials for use in competing for the Navy's “MK V Special Operations Craft and Transporter System Contract.” With its 1993 bid, VT Halter submitted drawings stamped with a “Limited Rights Legend” to invoke Defense Federal Acquisition Regulations Supplement Section 252.227-7013(a)(15), which limits governmental use and disclosure of certain information. VT Halter won the contracts and delivered 24 Mark V special-operations craft. In 2004, the Navy awarded University of Maine a research grant to improve the ride and handling of the Mark V and provided detailed design drawings of the Mark V to contractors, stamped with the DFARS Limited Rights Legend, but did not obtain VT Halter’s consent for disclosure. The Navy awarded Maine Marine a contract to design and construct a prototype Mark V.1. USM sued under the Federal Tort Claims Act, 28 U.S.C. 1346(b), alleging misappropriation of trade secrets. The district court awarded damages, but the Fifth Circuit held that the matter lay exclusively within the jurisdiction of the Court of Federal Claims under the Tucker Act, 28 U.S.C. 1491(a)(1). The Fifth Circuit vacated the judgment and ordered transfer. The Federal Circuit affirmed. View "U.S. Marine, Inc. v. United States" on Justia Law

Yonek served on active duty in the Navy from 1973 to 1977 and in 1991-1992. In 1991, Yonek aggravated a preexisting injury to his right shoulder, leaving the motion of his arm permanently limited. The VA regional office granted service connection for the injury, assigning a rating of 10 percent. Over the next 17 years, Yonek underwent at least 15 examinations, measuring his range of motion for flexion, elevation of the arm in a forward direction, and abduction, elevation of the arm outward from the side of the body. The results showed a range of motion of anywhere between 80 and 180 degrees in flexion and 60 and 180 degrees in abduction. In 1999, the RO increased the rating to 20 percent, concluding that motion was limited to a point at or below shoulder level but past the midpoint between the side and the shoulder (between 45 and 90 degrees). The Board of Veterans’ Appeals denied his appeal. The Veterans Court held that diagnostic code 5201 only allows a single disability rating for each injured shoulder even though Yonek’s shoulder manifests limitation of motion with respect to both flexion and abduction. The Federal Circuit affirmed, finding that the schedule in 38 C.F.R. 4.71a only allows a single disability rating. View "Yonek v. Shinseki" on Justia Law