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

The court consolidated appeals by veterans claiming that their current disabilities are connected to injuries sustained during military service. In both cases, the veterans’ medical records contained at least one physician’s report opining that the claimed disabilities were service-connected and at least one ambiguous or inconclusive report declining to confirm such a nexus. The Department of Veterans Affairs relied on inconclusive opinions in denying the veterans entitlement to service-connected disability benefits, and the Board of Veterans’ Appeals affirmed. Finding that the medical examination did not comply with the Board’s instructions and that the Board failed to explain its reasons and bases for denying service connection, the U.S. Court of Appeals for Veterans Claims remanded. The Federal Circuit affirmed that remand, rather than reversal, was appropriate. View "Deloach v. Shinseki" on Justia Law

Stephenson began receiving a Federal Employees Retirement System disability retirement, annuity and applied for SSA disability benefits, as required of applicants for FERS disability retirement. SSA determined that he was entitled to receive monthly SSA disability benefits; the Office of Personnel Management reduced his FERS annuity, 5 U.S.C. 8452(a)(2)(A); 42 U.S.C. 423. The Social Security Act allows a “trial work period,” without loss of benefits. Stephenson completed a nine-month trial work period and demonstrated ability to work. SSA notified Stephenson that he was not entitled to payments beginning September 2009, but that he could get a 36-month extended period of eligibility after the trial work period. Stephenson requested that OPM terminate the offset in his FERS annuity. OPM denied the request finding that he retained eligibility for Social Security benefits and that the offset did not depend on actual receipt of benefits. An administrative judge and the Merit Systems Protection Board denied appeals, acknowledging section 8452’s use of the word “entitled,” not “eligible,” but finding Stephenson remained “entitled” to SSA benefits during the 36-month period. The Federal Circuit reversed; because Stephenson performed substantial gainful activity during that period, he was not “entitled” to benefits under section 223 of the Social Security Act. View "Stephenson v. Office of Pers. Mgmt." on Justia Law

The plaintiff claimed that an influenza vaccination he received n 2004 at the age of 34 resulted in the onset of multiple sclerosis or significantly aggravated his preexisting, but asymptomatic, multiple sclerosis. A special master denied his claim for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. 300aa-1 to -34. The Claims Court and the Federal Circuit affirmed. View "W.C. v. Sec'y of Health & Human Servs." on Justia Law

Harris served on active duty in the U.S. Army from 1963 to 1966 and from 1967 to 1970. In 1985, he had a VA Medical Center examination; an “Agent Orange” form associated with that examination indicates that Harris complained of “skin rashes on trunk and arms.” Another form, listing his service in Vietnam, is an “Application for Medical Benefits,” stated that it “will be used to determine your eligibility for medical benefits.” In 2002, Harris, pro se, sought service-connected disability compensation for contact dermatitis and latex allergy. The DVA regional office ultimately granted the claims and assigned an effective date of 2002. Harris sought an effective date of 1985. The Board held that the report of the Agent Orange Registry examination did not constitute a claim. The Veterans Court affirmed The Federal Circuit vacated, stating that pro se filings must be read liberally; the Veterans Court did not apply the proper legal standard for determining whether the Board had correctly determined the earliest applicable date for the claim. View "Harris v. Shinseki" on Justia Law

A VA regional office awarded King disability compensation for residuals of a left knee surgery and right knee arthritis. King later sought disability compensation for disabilities of the back and hips on a direct basis and as secondary to his service-connected knee disabilities. Records revealed no treatment for back or hip problems during King's active duty service 1973-1974. King underwent a VA spine examination in 2000. The examiner diagnosed minimal degenerative joint disease of both hips and lumbosacral spine, related to age. A private physician disagreed. In 2007, the Board of Veterans denied King's appeal. The Veterans Court remanded. Additional evidence was developed and, in 2008, the Board obtained an opinion from a Veterans Hospital Administration orthopedist that it was not likely that King’s back and bilateral hip disabilities were directly caused or permanently worsened by the service-connected knee disabilities. The Board and Court of Appeals for Veterans Claims affirmed the denial. The Federal Circuit affirmed, rejecting an argument that the Veterans Court erred by discounting lay testimony offered by King and his wife. The Veterans Court did not fail to consider the proffered lay evidence, so King’s appeal was merely a challenge to the weight given his evidence.View "King v. Shinseki" on Justia Law

Youngman, fiduciary for deceased veteran Richardson, sought payment of accrued benefits of about $350,000 that had been awarded to Richardson before his death. Payment had been delayed while the Kansas state courts were accrediting Youngman as successor fiduciary for Richardson, who had been adjudged incompetent several years earlier. Richardson died after the accreditation but before payment. The VA denied payment. The Court of Appeals for Veterans Claims affirmed. Periodic monetary benefits to which an individual was entitled at death are to be paid to the veteran's spouse, children, or dependent parents and, in “all other cases, only so much of the accrued benefits may be paid as may be necessary to reimburse the person who bore the expense of last sickness and burial” 38 U.S.C.5121(a). Richardson had only cousins as heirs. The Federal Circuit affirmed. While 38 U.S.C. 5502 allows a fiduciary to stand in the shoes of a veteran, it does not grant the fiduciary rights beyond those of the veteran himself. Richardson died without any heirs in the categories qualifying under 5121, so his unpaid benefits died with him. View "Youngman v. Shinseki" on Justia Law

Hibbard, then 41 years old and working as a teacher, received a flu vaccination in 2003. She claims that the flu vaccine caused her to develop a neurological disorder known as dysautonomia, a dysfunction of the autonomic nervous system and sought compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C.300aa-1 to 300aa-34. Following a two-day hearing, a special master found that Hibbard had failed to show that her dysautonomia resulted from autonomic neuropathy caused by the vaccine she received in 2003. The Court of Federal Claims upheld the decision. The Federal Circuit affirmed, finding substantial evidence to support the denial. View "Hibbard v. Sec'y Health & Human Servs." on Justia Law

Hillyard suffered a head injury and was hospitalized for two weeks while serving in the U.S. Army. Hillyard filed a single claim for service connection for a mental condition, which he attributed to his in-service head injury. The Veterans Administration denied his claim and the Board affirmed and subsequently denied Hillyard’s request for revision. The Veterans Court affirmed. Hillyard later filed a second request for revision alleging clear and unmistakable error (CUE) by the Board in failing to consider and apply 38 U.S.C. 105(a) and 1111, a different CUE allegation from the one he made in his first request. The Board dismissed the second request for revision with prejudice, concluding 38 C.F.R. 20.1409(c) permitted only one request for revision to be filed. The Veterans Court affirmed. The Federal Circuit affirmed. The interpretation of Rule 1409(c) proffered by the VA is consistent with the language of the regulation and is in harmony with the VA’s description of the regulation in its notice of rule-making. View "Hillyard v. Shinseki" on Justia Law

Griglock, a 70-year-old retired woman, received an influenza vaccination in 2005. Weeks later, she went to her doctor, complaining of weakness, and was admitted to the hospital. Her treating neurologist determined that she suffered from Guillain-Barré Syndrome. She improved initially, but soon developed respiratory failure and was placed on a ventilator. She died about 18 months later; her death certificate lists “ventilator-dependent respiratory failure due to GBS” as the immediate cause of death. Her estate filed a petition for compensation under the Vaccine Injury Compensation Program, 42 U.S.C. 300aa-1, 300aa-10(a). The government responded that there was insufficient evidence to find that the influenza vaccine caused her GBS and death, but that it would not contest the issue and recommended an award of up to $250,000. The estate then sought unreimbursable medical expenses and compensation for pain and suffering. The Special Master determined that Griglock’s death was caused by an influenza vaccination, that her estate had standing, but that entitlement was limited to death benefits because injury benefits were barred by the statute of limitations. The Court of Federal Claims affirmed. The Federal Circuit affirmed. View "Griglock v. Sec'y of Health & Human Servs." on Justia Law

Gallo served as an FAA air traffic control specialist from 1982 until 1995 when she experienced a job-related injury for which she received OWCP benefits. Gallo recovered enough to return to light duty. In 1996 she lost her medical certification to continue as an operational ATCS. Until 2000 she was assigned to a “non-operational” automation specialist position, which did not provide the same retirement credit or weekend pay. She received OWCP benefits for the differential. Gallo fully recovered in 2000 and received medical clearance; the Agency terminated OWCP benefit. She applied for restoration under 5 U.S.C. 8151(b)(2), which provides the right to priority consideration for restoration to federal employees who have overcome a compensable injury. The Agency assigned Gallo to a supervisory ATCS position. In setting her salary, the Agency did not take into account pay increases granted to operational ATCS employees during while Gallo was working as an automation specialist. The Merit Systems Protection Board denied her claim. The Federal Circuit reversed. The Board erred in interpreting “resumes employment with the Federal Government” under section 8151(a), and any pay increases that Gallo would have received based on her creditable service time with the federal government are “benefits based on length of service.” View "Gallo v. Dep't of Transp." on Justia Law