NO ATTORNEY ABANDONMENT ABSENT REPRESENTATION AGREEMENT

Sneed v. McDonald, 819 F.3d 1347 (Fed. Cir. Apr. 22, 2016)

HELD: Although attorney abandonment may, in certain circumstances, justify equitable tolling of the filing deadline in an appeal to the CAVC, there is no attorney abandonment absent a representation agreement between the parties.

Even if the claimant in this case had been able to show that there was attorney abandonment, she would still not be entitled to equitable tolling because “she failed to demonstrate that she diligently pursued her rights.”

FULL DECISION

REIMBURSEMENT OF EMERGENCY MEDICAL COSTS

Staab v. McDonald, docket no. 14-0957 (Apr. 8, 2016)

HELD: VA is required to reimburse the costs for emergency medical treatment “when coverage by a third party [including Medicare] is less than total.”

In other words, partial Medicare reimbursement does not bar VA reimbursement for the uncovered medical expenses. VA’s regulation stating that VA will only reimburse when a “veteran has no coverage under a [third-party] health-plan contract” is invalid because it is inconsistent with the 2009 amendment to 38 U.S.C. § 1725. 

FULL DECISION

STANDARD FORMS

Veterans Justice Group, LLC v. Sec’y of Veterans Affairs, 818 F.3d 1336 (Fed. Cir. Apr. 7, 2016)

HELD: VA’s final rule requiring standard claims and appeals forms is valid. 

FULL DECISION

ENTITLEMENT TO EAJA FEES

Dover v. McDonald, 818 F.3d 1316 (Fed. Cir. Apr. 7, 2016)

HELD: Where a remanding court does not retain jurisdiction over a case and the remand order contemplates and/or precipitates additional agency proceedings on the merits – even if the order just leaves open “the possibility of attaining a favorable merits determination through further agency proceedings” – the appellant is a “prevailing party” for purposes of being entitled to EAJA fees.

FULL DECISION