Singleton v. Shinseki, 2011 U.S. App. LEXIS 16403

Singleton, a Vietnam-era Navy veteran, suffers PTSD and schizophrenia; his 1981 disability claim was denied but later considered meritless only temporarily, remaining open.
PTSD was added to the VA rating schedule on April 11, 1980; Singleton filed for benefits shortly after, with an initial denial for lack of service connection.
In 2001, Singleton reopened and was granted service connection with 100% disability effective 2001; the Board later considered backdating.
On remand, the Board issued staged ratings dating from April 11, 1980, including Period II (100%), Period III (70%), Period IV (100%).
Singleton challenged the retrospective staging as a due process issue, arguing he needed additional procedures before a reduction from total disability to a lower rating.
The Federal Circuit upheld the Board’s retroactive staged-rating framework and found no due process violation under the applicable standards.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether retrospective staged ratings violate due process	Singleton argues due process requires procedures like § 3.344 before reductions.	Shinseki contends regulations tailored to staged ratings suffice and no extra procedures are required.	No due process violation; procedures adequate for staged ratings.
Whether § 3.344 protections apply to retrospective staged ratings	Singleton seeks § 3.344 safeguards for retrospective determinations.	Regulation not applicable to retrospective staged ratings.	§ 3.344 not required for retrospective staged ratings.
Whether due process requires additional evidentiary proceedings before a reduction	Need new evidence/exam before lowering ratings.	No extra hearing required.	No constitutional requirement for extra proceedings here.
Whether Mathews v. Eldridge factors support sufficiency of process	Process inadequate to protect property interest in benefits.	Process balanced private interest, risk of error, and government interest.	Process satisfied Mathews factors.

Cushman v. Shinseki, 576 F.3d 1290 (Fed. Cir. 2009) (recognizes veteran disability benefits as a protected property interest)
Reizenstein v. Shinseki, 583 F.3d 1331 (Fed. Cir. 2009) (retrospective staged ratings; 3.343/medical exams inapplicable)
Stelzel v. Mansfield, 508 F.3d 1345 (Fed. Cir. 2007) (skepticism that retrospective changes can constitute a reduction trigger protections)
Mathews v. Eldridge, 424 U.S. 319 (U.S. 1976) (three-factor test for due process in deprivations)