Justia Military Law Opinion Summaries

This case revolves around Mr. Orville Thomas, a former U.S. Navy serviceman, who sought an earlier effective date for his post-traumatic stress disorder (PTSD) claim connected to his service. Thomas had initially filed a claim for "depressive mania" in 1971, after surviving a plane crash during his service, which had been denied by the U.S. Department of Veterans Affairs (VA). In 2014, he requested to reopen his claim, submitting additional service department records not previously considered by the VA. While the VA granted service connection for PTSD in 2014, they denied an earlier effective date.Thomas appealed to the Board of Veterans’ Appeals, arguing the VA had overlooked certain service department records and regulations, specifically 38 C.F.R. § 3.156(c), which could have potentially allowed for an earlier effective date. However, the Board agreed with the VA’s denial. Thomas further appealed to the U.S. Court of Appeals for Veterans Claims, arguing that the Board failed to consider all potentially relevant issues, violating its statutory duty under 38 U.S.C. § 7104(d)(1).The Veterans Court affirmed the Board's decision, arguing that Thomas did not demonstrate the relevance of his service records to his 1971 claim. Thomas appealed to the United States Court of Appeals for the Federal Circuit, which found that the Veterans Court applied a more stringent legal standard than required under 38 U.S.C. § 7104. It ruled that the Board must consider all "potentially applicable" regulations raised in the record, not only those proven to be relevant or favorable by the veteran.The Federal Circuit court vacated the Veterans Court’s decision and remanded the case to the Board to provide an adequate written statement of its reasons for denying Thomas's claim for an earlier effective date for his PTSD, considering all relevant regulations and records. View "Thomas v. McDonough" on Justia Law

The United States Court of Appeals for the Tenth Circuit affirmed a lower court's ruling regarding a veteran, Bruce Hay, who was convicted of ten counts of stealing government property and six counts of wire fraud. The case centered around Hay's alleged exaggeration of his disability to gain benefits from the Department of Veterans Affairs (VA). The VA conducted a six-year investigation, even installing a pole camera that recorded Hay's daily activities outside his house for 68 days.Hay appealed his conviction on three grounds: insufficient evidence supporting his conviction, violation of his Fourth Amendment rights by the VA's installation of the pole camera, and wrongful admission of evidence by the district judge. The court rejected all three arguments.First, the court ruled that Hay's fraudulent acquisition of government property constituted "stealing" under 18 U.S.C. § 641 and that sufficient evidence was presented at trial to support his conviction for stealing government property and wire fraud.Second, the court held that the use of the pole camera did not constitute a search under the Fourth Amendment as it only captured his activities in public view.Lastly, the court rejected Hay's claim that evidence post-dating the charging period was improperly admitted, finding that the district court acted within its discretion.In conclusion, the court affirmed the district court's denial of a judgment of acquittal and the admission of contested evidence. View "United States v. Hay" on Justia Law

The case originates from the United States Court of Appeals for the Federal Circuit. The appellant, Herbie D. Vest, served on active duty in the United States Army from 1966 to 1971. In 1971, Vest filed a claim for service connection for hearing loss and tinnitus, which was granted at a 0% rating. A subsequent request for an increased rating was denied. In 1972, Vest sent a letter to the Veterans Administration Regional Office (RO) expressing his belief of an error in their decision. In 2016, Vest submitted a claim for compensation for Meniere's disease and "ears-ringing," which was granted at a 60% disability rating, which Vest disputed.In 2020, Vest argued that his 1972 letter constituted a Notice of Disagreement (NOD) and should be considered as such. However, the RO did not accept the letter as an NOD. The Board of Veterans’ Appeals found that the letter expressed dissatisfaction with the decision on his hearing loss disability, but did not express disagreement with the decision regarding tinnitus. The United States Court of Appeals for Veterans Claims dismissed Vest's appeal, holding that they did not have jurisdiction to address the question of defective notice. The court noted that Vest did not argue that he had submitted an NOD with the initial decision concerning tinnitus, and he didn't challenge the Board’s determinations that the letter was not an NOD for the tinnitus decision.The United States Court of Appeals for the Federal Circuit affirmed the dismissal of the appeal by the Veterans Court due to lack of jurisdiction. The court reasoned that the absence of an NOD on the 1971 tinnitus claim and the lack of any decision by the Board on that claim defeat jurisdiction in the Veterans Court. View "Vest v. McDonough" on Justia Law

Between 2010 and 2014, the United States Coast Guard convened Active Duty Enlisted Career Retention Screening Panels (CRSPs) to select enlisted service members for involuntary retirement. This process was carried out without following the procedures and standards of the then-applicable 14 U.S.C. § 357(a)–(h), which addressed involuntary retirement of certain Coast Guard service members with specified seniority. Several former Coast Guard service members, after being involuntarily retired through the CRSP process, brought a case against the United States in the Court of Federal Claims under the Tucker Act, asserting that their retirements were contrary to the law as the Coast Guard had not followed § 357(a)–(h). The government responded by invoking § 357(j), which stated that § 357(a)–(h) did not apply to a “reduction in force.” The issue of the applicability of that exception to the CRSPs was the primary topic of the appeal.The United States Court of Appeals for the Federal Circuit affirmed the Claims Court's decision that the involuntary retirements were unlawful because the CRSPs were not part of a “reduction in force.” The court concluded that a “reduction in force” as used in § 357(j) did not include actions to separate current occupants from their positions with the intent to refill those positions. The court rejected the government’s arguments for a different conclusion. Therefore, the court affirmed the Claims Court’s partial final judgment. View "TIPPINS v. US " on Justia Law

In this case, the United States Court of Appeals for the Federal Circuit reviewed a decision by the United States Court of Appeals for Veterans Claims (Veterans Court) that granted a petition for a writ of mandamus permitting the Board of Veterans' Appeals (Board) to hear appeals of adverse decisions rendered under the Program of Comprehensive Assistance for Family Caregivers (Caregiver Program). The claimants were Jeremy Beaudette, a Marine Corps veteran who was rated 100% disabled due to multiple concussions that resulted in traumatic brain injury and legal blindness, and his wife Maya Beaudette. They applied for benefits under the Caregiver Program in March 2013 and were found eligible. However, in February 2018, the Department of Veterans Affairs (VA) notified them that they were no longer eligible for Caregiver Program benefits. They appealed this decision through the VA Clinical Appeals process, but their appeals were denied. The Beaudettes then filed a petition for a writ of mandamus with the Veterans Court to permit Board review of adverse Caregiver Program decisions. In April 2021, a majority of a three-judge panel granted the Beaudettes' petition and certified the request for a class.The Veterans Court held that Congress mandated Board review of all Caregiver Program decisions, disagreeing with the VA's position that the phrase "medical determination" in § 1720G(c)(1) is a reference to a longstanding VA rule excluding medical determinations from Board review. The VA appealed this decision to the Federal Circuit. The Federal Circuit affirmed the Veterans Court's decision, holding that § 1720G(c)(1) of the Caregiver Act only bars judicial review of Caregiver Program decisions on the furnishing of assistance or support. The court concluded that the Beaudettes and other similarly situated veterans and caregivers have an indisputable right to judicial review of Caregiver Program decisions that do not affect the furnishing of support or assistance. View "BEAUDETTE v. MCDONOUGH " on Justia Law

In this case, defendant Charles Yeager-Reiman, a veteran, pleaded guilty to misdemeanor grand theft in connection with fraudulent activities related to veterans' benefits from the United States Department of Veterans Affairs (VA). Yeager-Reiman appealed his conviction, arguing that his prosecution was preempted by federal law, as his offenses concerned the theft of benefits from the VA.The Court of Appeal of the State of California Second Appellate District Division Five disagreed with Yeager-Reiman's contention, and affirmed the lower court's judgement. The court ruled that federal preemption did not apply in this case. While federal law establishes the guidelines and regulations for VA benefits, it does not prohibit state-level criminal prosecutions for fraudulent activities related to these benefits.In terms of field preemption, the court determined that the provisions of the federal law did not indicate an intent by Congress to occupy the field of criminal prosecution of veterans in connection with the theft of VA benefits. As for obstacle preemption, the court found that allowing state-level prosecutions for theft of VA benefits actually promotes Congress's purpose of aiding veterans by preserving funds for veterans' benefits through deterrence.Therefore, the court concluded that neither field preemption nor obstacle preemption deprived the trial court of jurisdiction to hear Yeager-Reiman's case. View "People v. Yeager-Reiman" on Justia Law

In this case before the United States Court of Appeals for the Federal Circuit, Vincent Curtis Conyers, an army veteran, sought employment benefits under the Veteran Readiness and Employment program, which is administered by the United States Department of Veterans Affairs. His application was denied by the VA, and this denial was subsequently upheld by the Board of Veterans' Appeals and the United States Court of Appeals for Veterans Claims. During his appeal, Mr. Conyers requested that certain documents be added to the administrative record under the doctrine of constructive possession. The Veterans Court denied his request, reasoning that the documents did not have a "direct relationship" to his claim, a standard of review that the court derived from a previous decision in Euzebio v. Wilkie.However, the United States Court of Appeals for the Federal Circuit held that the Veterans Court applied an erroneous legal standard in its review of the doctrine of constructive possession. The Federal Circuit stated that the correct standard for constructive possession is one of "relevance and reasonableness," not the "direct relationship" standard applied by the Veterans Court. The Federal Circuit noted that its standard aligns with the VA's statutory duty to assist veterans in substantiating their claims and ensures that all record documents reasonably expected to be part of a veteran’s claim are included in the administrative record. Therefore, the court vacated the decision of the Veterans Court and remanded it for further proceedings, with the instruction to apply the correct standard of "relevance and reasonableness" in its review of the doctrine of constructive possession. View "CONYERS v. MCDONOUGH " on Justia Law

In 2023, the United States Court of Appeals for the Seventh Circuit upheld the disorderly conduct convictions of Jamison Krahenbuhl, an Air Force veteran. Krahenbuhl had been convicted following an incident at the Milo C. Huempfner Veterans Affairs Outpatient Clinic in Green Bay, Wisconsin. During a respiratory therapy appointment, Krahenbuhl became agitated and engaged in abusive language and disruptive behavior that led to the clinic staff summoning VA police. He was subsequently charged with two counts of disorderly conduct under 38 C.F.R. § 1.218(a)(5), (b)(11) and was found guilty on both counts.On appeal, Krahenbuhl argued that his convictions violated his First Amendment rights, and that the government failed to prove all the elements of the crimes. The appellate court, however, disagreed. It determined that the clinic was a nonpublic forum, where greater regulation of speech is permissible. The court found that the regulation under which Krahenbuhl was convicted was viewpoint neutral and reasonable, given the clinic's primary aim of providing medical care to veterans. The court also rejected Krahenbuhl's argument that the government failed to prove that the clinic was under the charge and control of the VA and not under the charge and control of the General Services Administration, finding that this was an invited error. Consequently, Krahenbuhl's convictions were affirmed. View "USA v. Krahenbuhl" on Justia Law

Appellant Watkins Law & Advocacy, PLLC, submitted requests under the Freedom of Information Act to various federal agencies, including the Federal Bureau of Investigation, the Department of Justice, and the Department of Veterans Affairs. Watkins sought records concerning the process by which the names of certain veterans and other VA beneficiaries are added to a background check system that identifies persons barred from possessing firearms for having been adjudicated as “mental defective[s].” Watkins initiated this FOIA action in the district court. The district court granted summary judgment to the agencies on almost all claims (and to Watkins on the remaining claims, none of which are at issue here). Watkins appealed the district court’s grant of summary judgment to the FBI and DOJ on the adequacy of their searches and to the VA on its withholding of documents based on the deliberative process and attorney-client privileges.   The DC Circuit affirmed the district court’s grant of summary judgment in favor of the FBI and DOJ. But we vacate the district court’s grant of summary judgment to the VA and remand for further proceedings. The VA did not satisfy its burden to show that the withheld documents are exempt from disclosure. The court concluded that the VA failed to adequately set out its basis for asserting the deliberative process and attorney-client privileges as to the withheld documents. The court wrote that because the VA offers no arguments about specific documents other than the eight that Watkins highlighted as illustrations, a blanket remand is appropriate. View "Watkins Law & Advocacy, PLLC v. DOJ" on Justia Law

After serving in the United States Navy, Plaintiff became eligible to receive education benefits under the G.I. Bill, which he used to pursue a bachelor’s degree. Plaintiff also sought tuition assistance from his employer, Omaha Public Power District (OPPD), under the company’s Employee Education Program, but OPPD denied Plaintiff’s request because his G.I. Bill benefits fully covered his tuition expenses. Plaintiff sued, claiming that OPPD’s denial of company-provided tuition assistance based on his receipt of G.I. Bill benefits amounted to unlawful discrimination under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The district court granted summary judgment in OPPD’s favor, and Plaintiff appealed.   The Eighth Circuit affirmed. The court explained that Plaintiff y has “failed to present sufficient evidence to make” the requisite “threshold showing” that his status as a military veteran was “a motivating factor” in OPPD’s decision to deny him EEP benefits. His discrimination claim under USERRA thus fails, and the district court properly granted summary judgment in OPPD’s favor. View "Andrew Kelly v. Omaha Public Power District" on Justia Law