Williams v. McDonough
21-1646
| Fed. Cir. | Nov 24, 2021Background
- Richard F. Williams served in the Army (1969–1971), deployed to Vietnam, and shortly after separation pursued a VA claim for a “nervous disorder.”
- The record contains a July 1971 VA Form 21-6796 noting denial "for hospitalization or treatment purposes only," and a separate VA Form indicating a claim for service connection was pending; no record shows a final VA decision denying service-connection benefits for compensation or that notice of such a decision was mailed.
- In December 2010 Williams filed for a psychiatric disorder; the VA granted service connection for PTSD effective December 20, 2010.
- Williams sought an earlier effective date based on his alleged 1971 claim, arguing either no final 1971 decision was made or he never received notice if one was issued.
- The Board and Veterans Court assumed a 1971 decision existed and applied the presumption of regularity to conclude notice was mailed; they therefore denied an earlier effective date.
- The Federal Circuit vacated and remanded, holding the presumption of mailing cannot be invoked unless there is proof a decision was actually made in 1971; the case is remanded to the Veterans Court to determine whether a VA decision on compensation was made in July 1971.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the presumption of regularity supports finding notice was mailed for a 1971 decision | Williams: either no 1971 decision was made, or if made he never received notice; presumption not applicable absent proof of a decision | Gov: assume a decision existed; presumption of regularity supports finding that notice was mailed absent clear evidence to rebut | Court: Presumption of mailing cannot be applied unless a decision was shown to have been made; remand to determine whether a 1971 decision on compensation exists |
| Whether VA Form 21-6796 shows a denial of service connection for compensation | Williams: the form shows denial only for treatment, not compensation; no evidence of a compensation denial | Gov: the form is the standard VA rating form and reflects a 1971 denial | Court: The form is limited to "for hospitalization or treatment purposes only" and does not demonstrate a final denial of compensation |
| Whether Williams’s statement of nonreceipt (and related record irregularities) rebut the presumption of mailing | Williams: statement of nonreceipt plus file-number irregularities and other evidence rebut presumption | Gov: nonreceipt alone is insufficient to rebut presumption | Court: A bare statement of nonreceipt alone is not enough, but rebuttal depends on totality of evidence; court did not resolve factual dispute and remanded to Veterans Court |
| Whether the Federal Circuit can adjudicate Williams’s clear-and-unmistakable-error (CUE) claim regarding the 1971 record | Williams: argues the 1971 adjudication was flawed (CUE) | Gov: jurisdictional limits apply | Court: Federal Circuit lacks jurisdiction to consider CUE in the first instance; Williams may pursue CUE revision before the VA |
Key Cases Cited
- United States v. Chem. Found., Inc., 272 U.S. 1 (1926) (articulates presumption that public officers properly perform their duties)
- Butler v. Principi, 244 F.3d 1337 (Fed. Cir. 2001) (applies presumption that what appears regular is regular to VA mailing)
- Miley v. Principi, 366 F.3d 1343 (Fed. Cir. 2004) (presumption of regularity applies to mailing of VA decisions)
- Toomer v. McDonald, 783 F.3d 1229 (Fed. Cir. 2015) (presumption of regularity is rebuttable only by clear evidence; consider totality of evidence)
- Wanless v. Shinseki, 618 F.3d 1333 (Fed. Cir. 2010) (limits on Federal Circuit review of Veterans Court factual findings)