May 2025 - June 2025 Case Law Updates

United States Court of Appeals for Veterans Claims (Court)

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Willen v. Collins, (23-1547)

(Decided May 21, 2025)

 

The Veteran filed an initial claim for major depressive disorder (“MDD”) in January 2014. In September 2014, the VA Regional Office granted service connection and assigned a thirty percent rating for his MDD. In March 2015, the VA received Mr. Willen’s social security administration documents and medical records supporting his request for an increased rating of the initial claim. The VA did not respond. In 2017, Mr. Willen again requested an increased rating for his MDD. The Board increased Mr. Willen’s MDD rating to seventy percent and granted TDIU with an effective date of April 2016 under 38 C.F.R. § 3.400(o)(2). The Veterans Court found that the September 2014 initial rating decision never became final because Mr. Willen timely submitted new and material evidence under 38 C.F.R. § 3.156(b). As for the Board decision on appeal, the Veterans Court found that the decision was final even if it was not in the correct format because it rejected Mr. Willen’s argument that his rating should date back to January 2014 when the initial claim was filed.

 

Perkins v. Collins, (24-6515)

(Decided on May 16, 2025)

 

The veteran served in active duty in the U.S. Air Force from August 12, 2014 to August 11, 2020. After service, she attended Wesleyan University and sought use of her Post-9/11 education benefits. The VA advised the veteran that she could no longer receive MGIB benefits if she wanted to receive or use her Post-9/11 benefits. The veteran appealed this determination to the Board of Veterans Appeals and argued that her 6-year period of active-duty service entitled her to benefits under both programs. In applying Rudisill the Veterans Court agreed with the veteran and determined that her length of service rather than quantity of periods of service determined whether the veteran could receive benefits under both programs. Ultimately, a veteran that qualifies for Post-9/11 education benefits may also receive MGIB benefits as long as the length of service qualifies the veteran for the programs without counting the years of service twice.

 

United States Court of Appeals for the Federal Circuit (Federal Circuit or Fed. Cir.)

 

Herrington v. Collins, (23-2358)

(Decided on May 30, 2025)

 

The Federal Circuit affirmed the Veterans Court’s application of the “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law” standard of review in evaluating whether the VA properly assigned an analogous diagnostic code to rate an unlisted disability under 38 C.F.R. § 4.20. Ultimately, the Federal Circuit affirmed the Veterans Court’s determination under the “arbitrary and capricious” standard of review that the VA properly assigned a thirty percent evaluation for GERD by analogy to Diagnostic Code 7346 for hiatal hernia.

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