Guillory v. Dept. Of Veterans Affairs
2012 U.S. App. LEXIS 9
Fed. Cir.2012Background
- Guillory appeals a Veterans Court decision affirming the Board's denial of CUE in denying retroactive aid and attendance to 1966.
- Guillory previously had complex ratings: 1967 RO awarded total disability plus special monthly compensation under subs. (l)-(m) and (k); aid and attendance required (o) but was not awarded.
- Over time, changes in law (notably 1979) altered eligibility for aid and attendance, including the (n) to (o) transition and (n½) considerations with (k); in 1992 a seizure disorder was added leading to a 100% rating which could trigger higher SMC.
- Guillory asserted CUE in 1967, arguing entitlement to aid and attendance under (o) based on loss of use of multiple body parts, and later argued a potential (n½) + (k) path, but the law in 1967 did not recognize such a basis for aid and attendance.
- The Federal Circuit previously remanded (Guillory I) to address whether the RO's 1967 rating independently accounting for trunk/buttock injuries could yield a higher retroactive award.
- The Veterans Court on remand held no CUE exists given 1967 law, and the Federal Circuit reviews legal interpretations de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Veterans Court correctly interpreted 1967 aid-and-attendance eligibility law | Guillory argues (o) eligibility without double counting; seeks higher retroactive award. | DVA contends 1967 law required (o) rating; (n½) and related changes did not apply yet; no CUE. | No CUE under 1967 law; interpretation upheld. |
| Whether loss of use of feet is separate from loss of use of legs for (o) eligibility | Guillory claims separate awards for leg and foot loss support higher rate. | VA regulations subsume foot loss under leg loss; no separate increment. | Loss of use of foot subsumed within leg loss; no separate status for (o). |
| Whether additional injuries (buttocks, hips, trunk) could yield a (n½) or (n½)+(k) path for aid and attendance under 1967 law | Guillory suggests alternative paths to aid and attendance via other injuries. | 1979 changes and 1967 law do not permit (n½) pathways for aid and attendance; not decided here. | Not resolved; not raised below under CUE theory; arguments not addressed. |
| Whether the Board/Veterans Court correctly rejected Guillory's remaining CUE theories | Guillory contends various factual weighings and law applications were erroneous. | Defendant asserts only legal errors are reviewable; factual weighings fall outside jurisdiction. | No review of factual weighings; no error found in legal interpretations. |
Key Cases Cited
- Willsey v. Peake, 535 F.3d 1368 (Fed. Cir. 2008) (de novo review of legal questions; jurisdictional scope for legal errors)
- Wilson v. Principi, 391 F.3d 1203 (Fed. Cir. 2004) (rule of law basis for appellate review of governing rules)
- Morgan v. Principi, 327 F.3d 1357 (Fed. Cir. 2003) (source for reviewing interpretation of statutes/regulations)