William E. Freeman v. Eric K. Shinseki
2011 U.S. Vet. App. LEXIS 906
| Vet. App. | 2011Background
- Petitioner, a veteran, seeks a writ of mandamus to compel the Secretary to accept his Notice of Disagreement challenging the appointment of a fiduciary to manage VA benefits.
- The VA granted 100% service connection for paranoid schizophrenia with special monthly compensation, and found the petitioner incompetent to handle funds.
- On February 8, 2010, VA appointed Sheila Horace as a paid fiduciary to oversee the petitioner’s VA benefits.
- Petitioner filed NODs challenging the fiduciary appointment, but the RO indicated he could not file an NOD regarding fiduciary selection.
- The petition for extraordinary relief was filed April 30, 2010, leading to this Court’s consideration of jurisdiction and the Secretary’s duties in fiduciary appointments.
- The Court ultimately concludes the petitioner is entitled to pursue Board review of the fiduciary appointment, and issues a writ directing Secretary to issue a Statement of the Case and certify the appeal to the Board.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Secretary’s fiduciary appointment is subject to judicial review. | Freeman argues §5502/511(a) permit review by Board and Court. | Secretary contends such appointments are non-reviewable discretionary acts. | Yes; the Court has jurisdiction to review the fiduciary appointment. |
| Whether §5502 and §5507 provide reviewable standards for fiduciary appointments. | Statutes and regulations supply standards and process for fiduciary appointment. | Discretionary authority lacks judicially manageable standards. | Yes; there are meaningful standards governing fiduciary appointment. |
| Whether Bates v. Nicholson governs jurisdictional reach over fiduciary-appointment decisions. | Bates supports Board/Court review of matters affecting benefits. | Willis controls and precludes review in this context. | Yes; Bates provides precedential guidance supporting review. |
Key Cases Cited
- Willis v. Brown, 6 Vet.App. 433 (1994) (concerning VA fiduciary decisions and jurisdiction)
- Bates v. Nicholson, 398 F.3d 1355 (Fed.Cir. 2005) (review of termination of fiduciary certification; broad Board/511(a) reach)
- Heckler v. Chaney, 470 U.S. 821 (1985) (review standards when agency discretion is involved)
- Darrow v. Derwinski, 2 Vet.App. 303 (1992) (equitable relief distinct from statutory benefit review; limits on review of equity actions)
- Dunlop v. Bachowski, 421 U.S. 560 (1975) (agency action compelled by explicit statutory grant of authority)
- Park(?)/Park 'N Fly, Inc. v. Dollar Park and Fly, Inc., 469 U.S. 189 (1985) (strong presumption of judicial review of agency action)