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

Geib, a World War II veteran, suffers from multiple disabilities connected to his combat service. He developed trenchfoot as a result of exposure to extreme cold weather conditions while stationed in Germany; an enemy artillery shell exploded close to Geib, causing hearing damage. The VA granted Geib disability benefits. He was assigned a 10% disability rating for trenchfoot when he was discharged in 1946. The VA increased the disability rating to 20% in 2003 to account for trenchfoot on his other foot. In 2005, Geib was assigned a 70% combined disability rating after he was diagnosed with service-connected bilateral hearing loss and tinnitus. In 2007, Geib applied for total disability based on individual unemployability, stating that he had worked as a self-employed carpet consultant, 1984-1989, prior to becoming too disabled to work. The regional office denied the claim. On remand, following medical examinations, Geib’s combined disability rating increased to 90%. The Board determined that Geib was not entitled to total disability. The Veterans’ Court and Federal Circuit affirmed. View "Geib v. Shinseki" on Justia Law

At age four months, Elias received a Diptheria-Tetanus-acellular-Pertussis (DTaP) vaccine. Elias developed a seizure disorder shortly afterwards. While a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. 300aa-1, was pending, Elias died as a result of his seizure disorder at the age of seven. A special master determined that the DTaP vaccine caused Elias’ epilepsy and resulting death. The Secretary of Health and Human Services and the estate agreed to a $250,000 death benefit plus $175,000 for actual pain and suffering and past unreimbursable expenses. The estate also sought future lost earnings under section 300aa-15(a)(3)(B). The special master determined that the estate was entitled to future lost earnings. Subject to the right to seek review, the Secretary proffered, and the estate accepted the sum of $659,955.61 as a measure of the lost earnings. The Claims Court affirmed the special master’s future lost earnings award. The Federal Circuit reversed, holding that an estate cannot recover lost future earnings under section 300aa-15(a)(3)(B) when the person injured by a vaccine dies before entry of a compensation judgment. View "Tembenis v. Sec'y of Health & Humans Servs." on Justia Law

Sprinkle served in the U.S. Army, 1973-1974. While in the service, he was diagnosed with schizophrenia and prescribed a high dose of Thorazine®. In 1990, Sprinkle was diagnosed with mitral valve prolapse and chorea, a movement disorder similar to benign familial myoclonus. He succeeded in establishing entitlement to disability compensation before the Social Security Administration, the VA Regional Office awarded. Sprinkle a non-service-connected pension on effective 1990. In 2001, he sought a service connection for mitral valve prolapse and myoclonus, claiming that he was incorrectly diagnosed with schizophrenia and that the high doses of Thorazine® worsened his mitral valve prolapse and caused his myoclonus.The Regional Office denied the application. The Board of Veterans’ Appeals agreed and the Veterans’ Court affirmed. The Federal Circuit affirmed, holding that Sprinkle was not denied fair process as it related to responding to a medical exam ordered by the Board.View "Sprinkle v. Shinseki" on Justia Law

In 2001, Wagner, who served in the Navy for 23 years, sought disability compensation for a thyroid disorder that he claimed was contracted or aggravated in the line of duty. He finally prevailed in 2009, then timely filed an application for $11,710.57 in fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412.In October, 2009, the Veterans Court awarded $8,601.80, which gave the government all the reductions it sought except for 3.2 hours of work. Wagner filed his first supplemental application 12 days later, seeking $2,458.90 in fees for defending the original application against the government’s reasonableness challenges. The Veterans Court vacillated, then denied entry of judgment on the October 2009 fee award on the original fee application, and denied the first supplemental application. The Federal Circuit reversed in April 2011. On remand the Veterans Court granted Wagner’s first supplemental application for $2,458.90. The Federal Circuit vacated the denial of Wagner’s motion for the entry of a judgment and mandate regarding the 2009 and 2011 fee awards and affirmed the judgment regarding Wagner’s second supplemental application. View "Wagner v. Shinseki" on Justia Law

In 1998, the Board of Veterans’ Appeals rejected a claim by Tyrues, a Persion Gulf veteran, for benefits under 38 U.S.C. 1110, because his lung condition lacked the required service connection, but remanded to the VA Regional Office for further consideration of whether his chronic symptoms manifested Persian Gulf Syndrome, which might have entitled him to benefits under standards later enacted as 38 U.S.C. 1117. In 2004, on remand, the Board decided that Tyrues was not entitled to benefits under section 1117. Tyrues asked the Veterans Court to review both the 2004 denial under section 1117 and the 1998 denial under section 1110. The Veterans Court dismissed with respect to the 1998 decision, ruling that Tyrues missed the 120-day deadline, 38 U.S.C. 7266(a), and presented no basis for equitable tolling. The Federal Circuit affirmed. View "Tyrues v. Shinseki" on Justia Law

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

The federal government holds, in trust for three Indian communities, certain Minnesota land acquired in the late 1800s, with federal funds appropriated for a statutorily identified group of Indians. That beneficiary group and the three present-day communities that grew on the land overlapped but diverged. Many beneficiaries were part of the communities, but many were not; the communities included many outside the beneficiary group. In 1980 Congress addressed resulting land use problems by putting the land into trust for the three communities that had long occupied them. Since then, proceeds earned from the land, including profits from gaming, have gone to the three communities. Descendants of the Indians designated in the original appropriations acts allege that they, rather than the communities, are entitled to benefits. In earlier litigation the Federal Circuit rejected a claim that the appropriations acts created a trust for the benefit of statutorily designated Indians and their descendants. On remand, the Court of Federal Claims rejected several new claims, but found the government liable on a claim for pre-1980 revenues from the lands acquired under the 1888-1890 Acts. The Federal Circuit reversed in part, finding that the descendants had no valid claim. View "Wolfchild v. United States" on Justia Law

Former U.S. Forest Service employee King had long-term relationships with two women, both of whom claimed federal survivor benefits upon his death. Kathryn believed she had married King in a civil ceremony in 2002. Diana, who had been legally married to and divorced from King twice, but had continued to live with him until 2002, maintained that she was the common law wife of King at the time he married Kathryn. Before his death, Diana had initiated proceedings in Montana to dissolve their common law marriage. The women subsequently entered settlement agreements and engaged in state court litigation. Kathryn received benefits from May 27, 2004 until February 2007. Diana subsequently received the survivor benefits. Kathryn transferred to Diana the funds that she received ($41,939.13), as she believed was required by a Montana court decree. Kathryn challenged the OPM’s effort to recover the improper payments, having transferred the money to Diana, but the government affirmed its decision and determined that collection of the $41,939.13 would not cause Kathryn financial hardship. The Merit Systems Protection Board affirmed, holding that Kathryn did not meet the definition of “widow” under the Civil Service Retirement Act, 5 U.S.C. 8341(A)(1), and had not proved that she was entitled to waiver for the overpayment. The Federal Circuit reversed. The Board failed to credit substantial evidence demonstrating that Kathryn detrimentally relied on the overpayment of survivor annuity funds. View "King v. Office of Pers. Mgmt." on Justia Law

Kit Carson was born in May 1996, and received numerous vaccinations during his first year of life. At his 18-month and 24-month check-ups, Kit’s pediatricians noted that his speech was delayed. Following his three-year check-up, Kit was referred for evaluation and diagnosed with autism spectrum disorder in 2001. His parents sought compensation under the National Childhood Vaccine Injury Act, 42 U.S.C. 300aa, in 2002. A Special Master concluded that the first symptoms of Kit’s disorder were recorded in May 1999 and that the claim was not filed within the 36-month limitations period. The Federal Circuit affirmed, rejecting an argument that speech delay cannot be a “first symptom” because it is an insufficient basis for a diagnosis of autism. View "Carson v. Sec'y, Health & Human Servs." 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