Mulder v. McDonald
2015 U.S. App. LEXIS 19661
| Fed. Cir. | 2015Background
- Mulder’s VA disability benefits were reduced due to incarceration for a felony; reduction began on day sixty-one after conviction.
- Conviction arose from a no-contest plea on May 19, 2006, with sentencing on June 16, 2006 resulting in imprisonment.
- VA characterized the sixty-day clock as starting at conviction; reduction aimed to offset incarceration costs while incarcerated.
- Veterans Court held that § 5313(a)(1) requires initiating the sixty-day period at conviction, not sentencing.
- Mulder challenged the use of conviction date, arguing the causal link to incarceration didn’t exist until sentencing; he relied on Wisconsin bail statute 969.01.
- Court analyzes whether the statute’s plain language supports starting the clock at conviction versus sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 5313(a)(1) starts the sixty-day clock at conviction or sentencing | Mulder: link to incarceration begins at sentencing | Gibson: statute starts at conviction | Conviction date starts the sixty-day clock |
| Whether Wisconsin bail law disrupts the causal link between incarceration and conviction | Mulder: incarceration before sentencing under bail statute breaks link | Gibson: link persists despite bail rules | Ba il statute does not defeat linkage; conviction initiates reduction |
| Whether VA owed Mulder Duty to Notify and Assist regarding sentence vacatur | Mulder: argued sentence vacatur; merits investigation | Gibson: no support for resuming benefits absent record | No duty to reinstate benefits; record shows no vacatur of conviction |
Key Cases Cited
- Wilson v. Gibson, 753 F.3d 1363 (Fed. Cir. 2014) (conviction, not final conviction, controls start date for reduction)
- Snyder v. Nicholson, 489 F.3d 1213 (Fed. Cir. 2007) (Congressional purpose to offset benefits during incarceration)
- Wanless v. Shinseki, 618 F.3d 1333 (Fed. Cir. 2010) (Congressional intent to prevent paying full benefits while incarcerated)
- Dickerson v. New Banner Inst., Inc., 460 U.S. 103 (Sup. Ct. 1983) (plea of guilty constitutes a conviction)
- Perrin v. United States, 444 U.S. 37 (Sup. Ct. 1979) (ordinary meaning of words governs statutory interpretation)
- Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (Sup. Ct. 1989) (presumption against reliance on state law when interpreting federal statute)