Beraud v. McDonald
2014 U.S. App. LEXIS 17610
| Fed. Cir. | 2014Background
- Veteran Leonard Beraud filed an initial VA claim for a headache disorder in March 1985; the RO denied that claim in November/December 1985 and he did not appeal.
- After the 1985 denial, Beraud submitted a December 1985 letter identifying additional service medical records the RO had requested; the RO did not acknowledge or obtain those records.
- Beraud reopened the claim in 1989; the RO denied the reopened claim on the merits in February 1990 (the 1990 Decision); he did not appeal that decision.
- Beraud made later reopening attempts (1992, 2002) which the RO denied as not based on new and material evidence; in August 2004 he filed a new informal claim that led to an award of service connection effective August 27, 2004.
- The Board and Veterans Court affirmed the August 27, 2004 effective date, finding earlier claims were final; Beraud argued his 1985 claim remained pending because the VA never determined whether his December 1985 submission constituted "new and material" evidence under 38 C.F.R. § 3.156(b).
- The Federal Circuit reversed: because the VA never made the § 3.156(b) determination about the December 1985 records, the 1985 claim remained pending and the effective date must be reconsidered on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether VA's failure to determine if evidence submitted within the one-year appeal period is "new and material" under 38 C.F.R. § 3.156(b) leaves an earlier claim pending despite a subsequent final adjudication of an identical claim | Beraud: VA never made the § 3.156(b) determination for the December 1985 records, so the 1985 claim remained pending and the effective date should be 1985 | Government: Williams v. Peake allows a later final adjudication of an identical claim to terminate pendency of an earlier pending claim; thus the 1990 Decision finalized the matter | Held for Beraud: Bond requires the VA to assess whether submissions within the appeal period are new and material; because the VA never made that determination, the 1985 claim remained pending and the case is reversed and remanded |
Key Cases Cited
- Williams v. Peake, 521 F.3d 1348 (Fed. Cir. 2008) (a later final adjudication of an identical claim can terminate pendency of an earlier unadjudicated claim)
- Bond v. Shinseki, 659 F.3d 1362 (Fed. Cir. 2011) (VA must assess evidence submitted during the appeal period and determine whether it is new and material under § 3.156(b))
- Sprinkle v. Shinseki, 733 F.3d 1180 (Fed. Cir. 2013) (describing veterans’ benefits adjudication as claimant-friendly)
- Bonner v. Nicholson, 497 F.3d 1323 (Fed. Cir. 2007) (noting veteran-favorable interpretive approach in benefits law)
- Bingham v. Nicholson, 421 F.3d 1346 (Fed. Cir. 2005) (finality of a VA adjudication is not always negated by alleged failure to consider all relevant matters; CUE process is the remedy)
- Johnson v. Derwinski, 949 F.2d 394 (Fed. Cir. 1991) (limits on this court’s jurisdiction to review Board factual findings and law-applied-to-fact)