Betzaida P. Jernigan v. Eric K. Shinseki
2012 U.S. Vet. App. LEXIS 1239
Vet. App.2012Background
- Ms. Jernigan served on active duty from 1989 to 1995.
- She submitted an informal claim in July 1995, including medical records and identifying information.
- VA sent an August 1995 letter with Form 1-526 attached, indicating submission within one year was necessary for potential retroactivity.
- After a 6-year silence, she filed a completed VA Form 21-526 in October 2001 seeking disability benefits for back and stomach conditions.
- In July 2002 VA granted benefits effective October 31, 2001, treating the 2001 filing as an original claim; she disagreed with the claimed effective date.
- The Board in March 2010 held that an effective date prior to October 31, 2001 could not be awarded under 38 U.S.C. § 5101(a) and 38 C.F.R. § 3.155(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §3.155(a) time limits are a valid Secretary regulation | Jernigan argues time limits are not statutory | Secretary's interpretation is a valid exercise of rulemaking authority | Yes; §3.155(a) is valid and reasonable |
| Effect of returning the formal claim within one year | Informal claim should govern the effective date | Return timing controls effective date per statute | Return within one year yields the informal claim date as effective date |
| Whether VA owed due process notice regarding timing | Notice was misleading and violated due process" | No demonstrated prejudice from notice issues | No due process violation established; prejudice not shown |
| Whether the correct effective date is Oct. 31, 2001 or earlier | Date should be the informal filing date | Date should be Oct. 31, 2001 as earliest proper under governing law | Not clearly erroneous; October 31, 2001 is correct under §3.155(a) and related provisions |
Key Cases Cited
- Mayo Foundation for Medical Education & Research v. United States, 131 S. Ct. 704 (2011) (agency rule must be reasonable and not arbitrary or contrary to statute under Chevron)
- Gallegos v. Principi, 283 F.3d 1312 (Fed. Cir. 2002) (gap-filling in agency interpretation of statutes; defer to reasonable interpretations)
- Cook v. Principi, 318 F.3d 1334 (Fed. Cir. 2002) (finality and claims development principles in VA disability eligibility)