Miguel v. Principi

15 F. App'x 857
CourtCourt of Appeals for the Federal Circuit
DecidedJuly 10, 2001
DocketNo. 00-7145
StatusPublished

This text of 15 F. App'x 857 (Miguel v. Principi) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Miguel v. Principi, 15 F. App'x 857 (Fed. Cir. 2001).

Opinion

MICHEL, Circuit Judge.

Tyrone Miguel appeals the June 12, 2000 decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”), which affirmed the March 15, 1999 decision of the Board of Veterans’ Appeals (“BVA”), denying his claim that the Veterans Affairs Regional Office (“VARO”) incorrectly established October 27, 1995, the date of his written claim, as the effective date for his disability benefits. Miguel v. West, No. 99-643 (Vet.App. June 12, 2000). We have jurisdiction pursuant to 38 U.S.C. § 7292 (1994). Because this panel lacks the authority to overturn Rodriguez v. West, 189 F.3d 1351 (Fed.Cir.1999), a prior Federal Circuit panel’s decision that requires all claims for veterans benefits to be in writing, we affirm, for Miguel’s earliest written claim was in 1995. Because we lack jurisdiction to review challenges to factual determinations, and because we conclude that as a matter of law there is no “substantial compliance” standard under Rodriguez, we do not review Miguel’s alternative argument that he may have substantially complied with Rodriguez.

Background

Miguel served on active duty in the U.S. Marine Corps from July 1984 until March 1985, at which point he transferred into the Marine Corps active reserves until his discharge in April 1990.

In October of 1991, Miguel met with a benefits counselor at the VARO in Los Angeles, California, to apply for veterans benefits due to a psychiatric disability. Miguel allegedly showed the counselor a copy of his DD-214 military discharge (“DD-214”) and a microfiche of his military records. Miguel contends that the counselor erroneously informed him that, based on the length of time he spent on active duty, he did not qualify for any VA benefits. The counselor did not provide him with a claim form. Thus, Miguel did not file a written claim at that time.

Four years later, in October of 1995, Miguel filed a written claim for service-connection for a psychiatric disability. In January of 1996, the VARO granted service connection for depression with psychotic features and rated him as 100 percent disabled. The benefits were effective [859]*859from October 27, 1995, the date his application was received by the VARO.

In October 1996, Miguel filed a Notice of Disagreement with the BVA, asserting that because he was erroneously informed by a VARO counselor in October 1991 that he was ineligible for, benefits, the effective date of his disability benefits should be retroactively dated to October 1991. On March 15, 1999, the BVA denied Miguel’s appeal, basing its decision on the fact that Miguel’s first written claim for benefits was received by the VARO on October 27, 1995.1 In a one-judge memorandum decision dated May 9, 2000, the Veterans Court affirmed the BVA’s decision. On June 12, 2000, the Veterans Court entered judgment in accordance with the May 9 decision. Subsequently, Miguel filed a timely appeal with this court. He asks that the decision of the Veterans Court be vacated and that this case be remanded for further proceedings.

Discussion

The scope of our review of decisions of the Veterans Court is narrowly limited by statute. This court must affirm the Veterans Court’s decision unless we find it to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege or immunity; in excess of statutory jurisdiction, authority or limitations, or in violation of a statutory right; or without observance of procedure required by law. 38 U.S.C. § 7292(d)(1). This court, however, may not review factual determinations, or laws or regulations as applied to the facts of a particular case. 38 U.S.C. § 7292(d)(2).

I.

In Rodriguez, we held that a claim for veteran’s benefits, whether formal or informal, must be in writing. 189 F.3d at 1354. Moreover, to be a “claim,” the writing must request benefits: 38 C .F.R. § 3.1(p) defines a “claim-application” as “a formal or informal communication in writing requesting a determination of entitlement or evidencing a belief in entitlement, to a benefit.” 38 C.F.R. Section 3.155(a) further defines an “informal claim” as “indicating an intent to apply for one or more benefits ... Such informal claim must identify the benefits sought.” We reasoned that the Department of Veterans Affairs (“DVA”) must have written evidence of the precise filing date in order to be able to calculate the effective date in accordance with 38 U.S.C. § 5110(a) (1994). See id. Section 5110(a) states that, “the effective date of an award based on an original claim ... shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application thereof.”

Miguel asserts that the Federal Circuit incorrectly held in Rodriguez that informal claims must be in writing, and urges that the oral claim he allegedly made to the VARO for benefits four years prior to the date of his written claim should be considered the effective date of his award. However, as the government correctly argues, Miguel’s contention regarding the propriety of the Rodriguez decision is irrelevant, as this panel lacks the authority to overturn a prior panel’s decision. See Hensley v. West, 212 F.3d 1255, 1260-61 (Fed.Cir.2000) (internal citation omitted). We are bound by the holding in Rodriguez, and thus, the effective date of Miguel’s award of benefits cannot [860]*860be earlier then the date he filed a written claim for the benefits. See Rodriguez, 189 F.3d at 1354 [emphasis added].

II.

Miguel alternatively argues that he may have “substantially complied” with the Rodriguez requirement of a “written claim” in October 1991, because he allegedly produced a copy of his DD-214 and other service records to the VARO counselor at that time and also signed and dated a roster during the visit. Miguel points out that because the BVA decision preceded our holding in Rodriguez, the BVA never addressed the requirement that an informal claim must be in writing. He thus argues the Veterans Court may not properly decide the date his claim was filed because the Veterans Court may not decide issues of fact, but rather may only review the BVA’s factual determinations. See 38 U.S.C. § 7261(c); Hensley, 212 F.3d at 1264.

Although the BVA did not specifically rely on Rodriguez, it nonetheless did make a factual determination that Miguel’s visit to the VARO did not constitute a claim for benefits and thus the effective date of his benefits could only be October 27, 1995, the date of his written claim.

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