Justia Public Benefits Opinion Summaries

Military-Veterans Advocacy (MVA) filed suit under 38 U.S.C. 502, seeking review and revision of certain instructions and practices set forth in the Veterans Affairs Adjudication Procedures Manual (M21-1 Manual), which provides guidance and instructions to the administrators of veterans’ benefits and claims, by interpreting and coordinating the application of statutes, regulations, policies, and judicial decisions. The M21-1 Manual “limits VA staff discretion, and, as a practical matter, impacts veteran benefits eligibility for an entire class of veterans.”The Federal Circuit dismissed challenges to presumptions and procedures concerning Vietnam-era exposure to the Agent Orange defoliant. MVA waived its challenge to the “Thailand Rules.” The VA’s interpretation of the “Blue Water Navy Rule” of 2019 did not unduly narrow the presumption of exposure and service connection as applied to shipboard service. MVA’s challenge to the “Airspace Rule” is barred by the six-year limit provided in section 2401(a) because the rule has been in full force and effect since 1993. Even if the time bar did not apply, Congress has consistently preserved the high-altitude exception to the presumption of exposure since its adoption in 1993. View "Military-Veterans Advocacy Inc. v. Secretary of Veterans Affairs" on Justia Law

Crews served in the Air Force from 1954-1958. In connection with his service, he was originally granted a 100% disability rating for schizophrenia. In 1960, his disability rating was lowered to 70%. In 2006, Crews sought an increased schizophrenia rating, which was denied in 2007. In 2009, Mrs. Crews (Yvonne) submitted a letter stating that Crews was 100% disabled and requested further evaluation; she did not mention an effective date. The VA responded that it would not consider the letter a notice of disagreement (NOD) with the 2007 decision because it was filed more than one year after that decision. It construed the letter as a new “claim for an increased rating. In March 2010, the VA increased his schizophrenia rating from 70% to 100% effective from September 2009. In October 2010, Crews died. In 2011, Yvonne moved to be substituted as the appellant and filed a notice of disagreement with the 2009 effective date, alleging clear and unmistakable error (CUE) in the 1960 rating decision.The VA rejected her request for substitution because Crews had no claim or NOD pending at the time of his death. Yvonne was not eligible to seek benefits on past decisions that had been finalized; the 1960 rating decision became final once the appeal window closed. The Veterans Court and Federal Circuit affirmed. Yvonne’s CUE allegation is not part of a “pending” claim for which she could substitute under 38 U.S.C. 5121A. View "Crews v. McDonough" on Justia Law

Spicer served in the Air Force from 1958-1959 and was exposed to benzene in aircraft fuel. Years later, he developed chronic myeloid leukemia, a blood cancer. The VA recognized his leukemia as service-connected and granted him a 100 percent disability rating. Spicer developed arthritis in both knees, which required him to use a wheelchair. His scheduled knee replacement surgery was canceled because the leukemia medications lowered his hematocrit (red blood cell level). Spicer's hematocrit will never rise to a level that would permit surgery. He sought secondary service connection for his knee disability. The Board of Veterans’ Appeals and Veterans' Court affirmed the VA's denial of his claim. The statute, 38 U.S.C. 1110 establishes entitlement to service connection, providing compensation for veterans “[f]or disability resulting from personal injury suffered or disease contracted in line of duty.” The court reasoned that unless “the current state of his arthritis would not exist in the absence of his cancer or chemotherapy,” there is “no actual but-for causation.”The Federal Circuit vacated. Section 1110 provides that the United States will pay a veteran “[f]or disability resulting from personal injury suffered or disease contracted in line of duty”; “disability” refers to a veteran’s present-day “functional impairment.” “Resulting from" requires “but-for causation,” which is not limited to bringing something about or the onset or etiological link. That language may encompass situations where the service-connected disease or injury impedes the treatment of a disability. View "Spicer v. McDonough" on Justia Law

May is a disabled child of a deceased veteran. The VA found that May was disabled from birth, with permanent incapacity for self-support, and granted him entitlement to dependency and indemnity compensation (DIC) benefits in October 2018, with an effective date of May 18, 2016, concluding that May’s entitlement to DIC benefits ended on February 1, 2017, when he married. May sought reinstatement of DIC benefits based on his divorce. May filed a notice of appeal to the Veterans Court in February 2021, listing the date of the Board’s decision as February 19, 2019. The Board had not rendered a decision on February 19, 2019; rather, May had received correspondence that day from a VA regional office certifying an appeal to the Board.The Veterans Court ordered May to show cause why his appeal should not be dismissed. In letters, May asked that his appeal not be dismissed and that his benefits be reinstated. May did not identify a Board decision from which he was appealing, nor did he argue that the Board had unreasonably delayed its decision. The Federal Circuit affirmed the dismissal of the appeal for lack of jurisdiction. The court’s jurisdiction is limited to appeals from Board decisions; absent such a decision, it could not consider May’s appeal, 38 U.S.C. 7252(a), 7266(a)). View "May v. McDonough" on Justia Law

Doyon served in the Navy, 1966-1968; he received several medals and commendations. In 1967, Doyon witnessed the immediate aftermath of an explosion and fire that resulted in more than 130 deaths. When four of his friends went AWOL. Doyon was allegedly harassed and threatened by his shipmates. In 1968, Doyon went AWOL for two days. Upon his return, Doyon was referred to the sick bay. He was sedated with Thorazine, and later was diagnosed with “passive-aggressive personality disorder.” Doyon later witnessed a fatal plane crash, including the dismemberment of a fellow Airman, while he was standing duty at a video recording console. Doyon later spent hours replaying video recordings of the crash for Report Personnel. In 1968, Doyon was discharged. Doyon’s DD-214 form characterized his discharge as “Honorable,” and the “Reason and Authority” field contained a code indicating unsuitability due to a personality disorder. Doyon was not eligible to receive a military disability retirement.In 2013, Doyon unsuccessfully petitioned the Board for the Correction of Naval Records to correct his service records to state that he was discharged for service-connected PTSD, to be eligible for disability retirement payment under 10 U.S.C. 1201. The Claims Court upheld the denial. The Federal Circuit vacated. Doyon challenges the correctness of the narrative reason for his discharge, as stated in his military records. Both 10 U.S.C. 1552(h) and a Department of Defense memorandum (Kurta Memo) require “liberal consideration” for such correction requests. View "Doyon v. United States" on Justia Law

Cooper served on active duty in the Marine Corps from March-September 1972 and from February-April 1973. In 2008, the VA granted Cooper entitlement to a non-service-connected (NSC) pension. In 2014, the VA notified Cooper that it had adjusted his income from December 2008-2010 based on his receipt of unemployment compensation from the state of Wisconsin, which resulted in an overpayment of $13,094.The Board of Veterans’ Appeals and Veterans Court found that unemployment compensation payments are not excluded from a veteran’s annual income under an exception for “donations from public or private relief or welfare organizations,” 38 U.S.C. 503(a)(1). The Federal Circuit affirmed NSC pensions are need-based, so the maximum annual rate of pension is “reduced by the amount of the veteran’s annual income.” In general, a veteran’s “annual income” includes “all payments of any kind or from any source,” 38 U.S.C. 1503(a). View "Cooper v. McDonough" on Justia Law

Van Dermark served in the Navy from 1963 until his 1976 honorable discharge. The VA found Van Dermark to be totally and permanently disabled due to service-connected injuries. Van Dermark received treatment in Thailand (where he lived) at non-VA facilities, from physicians and others not affiliated with VA, in 2016 and in 2018, both times for cardiac conditions not related to his service-connected disability. For each of the two instances of treatment abroad, Van Dermark filed a claim with VA under 38 U.S.C 1728 and 1725 seeking VA payment—to him or his medical creditors—for the surgical or other heart-related treatment he received abroad.VA Community Care denied both claims. The Board of Veterans’ Appeals maintained the denials. The Veterans Court and Federal Circuit affirmed. Section 1724(a) prohibits the VA from “furnish[ing] hospital . . . care or medical services” abroad, where the care or services are unrelated to the service-connected disability. The “furnishing” phrase encompasses the payment for a veteran’s hospital care or medical expenses abroad at issue here; sections 1728 and 1725 do not override that prohibition. View "Van Dermark v. McDonough" on Justia Law

Mattox served in the Navy from 1967-1971, including on a vessel in the waters of Vietnam. In 2015, Mattox sought disability benefits with a service connection for PTSD. He submitted the diagnosis by a private doctor. A VA psychologist concluded that Mattox did not present “a diagnosis of PTSD according to the DSM-5 diagnostic criteria” but that Mattox suffered from moderate alcohol and cannabis use disorder, which explained his depression, anxiety, and irritability. Mattox had indicated that he used cannabis “about daily.” The Board of Veterans’ Appeals and the Veterans Court affirmed the denial of Mattox’s claim.The Federal Circuit affirmed. Mattox’s appeal to the Board was not subject to the Veterans Appeals Improvement and Modernization Act of 2017, 131 Stat. 1105 (AMA); Mattox was not prejudiced by the Board’s failure to provide him with a notice of its decision that met the requirements of 38 U.S.C. 5104(b), as amended by the AMA. The Board did not err in concluding that the benefit-of-the-doubt rule, 38 U.S.C. 5107(b), did not apply because, although a veteran is entitled to the benefit of the doubt “where the evidence is in approximate balance,” it found that, in Mattox’s case, “the preponderance of the evidence” was against his claim for service connection. View "Mattox v. McDonough" on Justia Law

Hanser served in the Army from 1979-1999. In 2012, he was assigned 20% service-connected disability ratings, effective July 2011, for his left leg radiculopathy and his bilateral arm radiculopathy. In 2014 and 2015, lumbar and cervical spine examinations showed improvement in his conditions. in March 2016, the VA reduced his disability ratings to 0% for both his left leg and bilateral arm radiculopathy, effective June 2016. Hanser timely filed a notice of disagreement. Following examinations in October 2017, the VA confirmed the ratings reductions in December 2017.The Board of Veterans’ Appeals and the Veterans Court concluded that the procedural protections of 38 C.F.R. 3.344 did not apply to Hanser and affirmed. The Federal Circuit affirmed. Section 3.344(c) applies the procedures of sections 3.344(a) and (b) only to disability ratings that have continued at the same level for five years or more. Hanser’s ratings do not satisfy this condition. Section 3.344(c) guides the VA’s determinations as to whether procedures that make it more difficult to reduce a rating must be followed, and provides that such procedures apply when a rating has been in place, unchanged, for a long period, parenthetically defined as five years. View "Hanser v. McDonough" on Justia Law

In 2011, Cranford, on active duty in the Army, was charged with possessing and using Spice, an unregulated intoxicant, in violation of a lawful general order. Captain Lease recommended that Cranford be tried by general court-martial and forwarded the charges. Cranford requested to be discharged in lieu of trial by court-martial, acknowledging that the Uniform Code of Military Justice authorized the imposition of a bad conduct or dishonorable discharge for the charge. Cranford admitted guilt and acknowledged that he would qualify for an “other than honorable” (OTH) discharge, potentially barring him from receiving benefits. Cranford received an OTH discharge. Cranford later requested VA benefits. The regional office denied that request, reasoning that Cranford’s discharge status barred him from receiving benefits. The Board of Veterans’ Appeals affirmed the denial, applying 38 C.F.R. 3.12(d)(1), to conclude that Cranford had been discharged under dishonorable conditions and was ineligible for benefits as a non-veteran under 38 U.S.C. 101(2).The Veterans Court and Federal Circuit affirmed, rejecting arguments that the Board mischaracterized his discharge as being “in lieu of a general court-martial,” instead of a summary court-martial and that section 3.12(d)(1) did not apply to him because he had accepted an OTH discharge, not an “undesirable discharge.” An OTH discharge accepted in lieu of a general court-martial is equivalent to an undesirable discharge—despite the military service departments’ shift in terminology. View "Cranford v. McDonough" on Justia Law