Snyder v. Secretary of Veterans Affairs
2017 U.S. App. LEXIS 10167
Fed. Cir.2017Background
- Snyder represented veteran Larry Beck under a § 5904 fee agreement (20% of past‑due benefits) beginning in 2001 but terminated representation ~8 months later.
- In 2003 the VA awarded Beck past‑due benefits (100% rating effective 1992); Snyder sought 20% despite having ceased representation years earlier.
- The RO initially awarded Snyder $41,920.47; Beck objected and appealed; the Board remanded the fee eligibility to the RO. Beck died in 2006 while the fee dispute was pending.
- Beck’s widow claimed accrued benefits under 38 U.S.C. § 5121 (periodic monetary benefits due and unpaid at death); the RO denied recovery of the disputed attorney fees and notified Snyder of entitlement to the fee award.
- The Board sought a precedential opinion from the VA General Counsel, which held that a pending § 5904 attorney‑fee claim can give rise to an accrued‑benefits claim under § 5121 because it concerns periodic monetary benefits allegedly due and unpaid at death.
- Snyder petitioned for review under 38 U.S.C. § 502 asking the court to set aside the General Counsel opinion; the court denied the petition.
Issues
| Issue | Snyder's Argument | Secretary's Argument | Held |
|---|---|---|---|
| Whether the court has jurisdiction to review a precedential General Counsel opinion under 38 U.S.C. § 502 | Snyder argued review was proper under § 502 | Sec’y argued § 502 jurisdiction is precluded where review is "in connection with" an appeal under chapter 72 and Paralyzed Veterans limits review | Court held § 502 jurisdiction exists because precedential General Counsel opinions are agency actions subject to 5 U.S.C. § 552(a)(1) and Splane controls |
| Whether a pending § 5904 attorney‑fee dispute survives a veteran’s death as basis for an accrued‑benefits claim under § 5121 | Snyder argued § 20.1302 dismissal on death terminates pending fee disputes, so no accrued‑benefits claim exists | Sec’y argued the General Counsel opinion was a permissible interpretation allowing accrued claims when benefits are due/unpaid at death | Court held disputed § 5904 fees can form the basis of an accrued‑benefits claim under § 5121 because fees are deducted from past‑due periodic benefits and thus concern amounts allegedly due and unpaid at death |
Key Cases Cited
- Splane v. West, 216 F.3d 1058 (Fed. Cir. 2000) (court previously exercised § 502 review of a precedential General Counsel opinion)
- Paralyzed Veterans of Am. v. Sec’y of Veterans Affairs, 308 F.3d 1262 (Fed. Cir. 2002) (addressed limits on judicial review of VA actions requested in connection with Board appeals)
- Newell Companies, Inc. v. Kenney Mfg. Co., 864 F.2d 757 (Fed. Cir. 1988) (rule that earlier precedential decisions control when two panel decisions conflict)