Paralyzed Veterans of America v. Secretary of Veterans Affairs

653 F. App'x 759

• Court: Court of Appeals for the Federal Circuit
• Decided: June 22, 2016
• Docket: 2015-7080; 2015-7081
• Status: Unpublished

Opinion

Newman, Circuit Judge.

The Paralyzed Veterans of America and the Disabled Veterans of America (collectively, Petitioners) challenge the validity of regulations in 38 C.F.R. parts 3, 19, and 20, requiring all claims and administrative appeals to originate on standard VA forms. See generally Standard Claims and Appeals Forms, 79 Fed. Reg. 67660 (Dep’t of Veterans Affairs Sept. 25, 2014).

In related petitions, 1 this question was heard and decided by a panel of this court. See Veterans Justice Grp., LLC v. Sec’y of Veterans Affairs, 818 F.3d 1336 (Fed. Cir. 2016). We are bound by the decision of the prior panel, and similarly deny the requested relief.

DENIED

No costs.

1 . Veterans Justice Grp., LLC v. Sec’y of Veterans Affairs (2015-7021), Nat'l Org. of Veterans Advocates, Inc. v. Sec’y of Veterans Affairs (2015-7025); and Am. Legion v. Sec’y of Veterans Affairs (2015-7061). The Petitioners also challenge the regulations to the extent that they foreclose equitable tolling. This challenge is moot given the government’s clarification at oral argument that the regulations do not foreclose equitable tolling. The Petitioners' challenge based on the statutory notice requirements under 38 U.S.C. § 5103 is also moot because the government does not contend that notice on standard VA forms satisfies its statutory notice requirements in all cases. For the same reasons, we do not decide the Petitioners’ request for a ruling that Social Security regulations under 38 C.F.R. § 3.153 remain valid or that the VA be precluded from contacting represented veterans without involving their representatives.