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United States Court of Appeals for Veterans Claims (Court)
Skaar v. Collins 25-4066
Decided January 22, 2026
The Court of Appeals for Veterans Claims (Court) denied the Veteran's petition for a writ for mandamus. The Court held that the Veteran was not entitled to extraordinary relief because he is still able to appeal a final decision from the Board of Veterans’ Appeals (Board) and there is no unreasonable delay in the Board's ruling.
Westphal vs. Collins 23-5171
Decided January 22, 2026
The U.S. Court of Appeals for Veterans Claims (Court) affirmed the Board of Veterans’ Appeals’ (Board) denial of entitlement to Special Monthly Compensation (SMC(k)) based on loss of use of a creative organ. The Board held that the Appellant already receives one SMC(k) award for loss of use of one creative organ and that 38 U.S.C. § 1114(k) does not permit more than one SMC(k) award for the loss of use of more than one creative organ.
U.S. Court of Appeals for Federal Circuit
Holstein v. Collins 23-1451
Decided January 30, 2026
The Federal Circuit affirmed the U.S. Court of Appeals for Veterans Claims’ (Court) holding which denied additional attorney’s fees. The Court held the Veteran’s Post Traumatic Stress Disorder (PTSD) claim and neck claim was not related to the same “case” and as a result his previous attorney could not collect additional fees.
Cash v. Collins 24-1811
Decided February 5, 2026
The Federal Circuit reversed the U.S. Court of Appeals for Veterans Claims (CAVC) decision holding that a veteran satisfies 38 U.S.C. § 7113(c)’s evidentiary “submission” requirement when he timely and clearly identifies and relies on evidence already in the Board of Veterans’ Appeals (Board) possession. The Court held that duplicative re-submission of the same evidence is not required under the Appeals Modernization Act (AMA).
Hamill v. Collins 24-1543
Decided February 4, 2026
The Federal Circuit vacated the U.S. Court of Appeals for Veterans Claims (Court) decision dismissing a request for class action and class certification (RCA) in consideration of a Veteran's petition for a writ of mandamus to compel the VA to adjudicate a character discharge claim based on mootness. The Federal Circuit held that under the Appeals Modernization Act (AMA), a veteran's claim can no longer be implicitly denied.
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