This morning, the Federal Circuit issued two precedential opinions in a Vaccine Act case and a veterans case. Here are the introductions to the opinions.
Lang v. Wilkie (Precedential)
James R. Lang appeals a decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”) denying his request that his claim be remanded to the Board of Veterans’ Appeals (“Board”) for consideration of whether certain medical records generated by the Department of Veterans Affairs Medical Center (“VAMC”) constitute “new and material” evidence relevant to his 1995 claim for disability compensation. See Lang v. Wilkie, No. 18-0013, 2019 WL 922532 (Vet. App. Feb. 26, 2019). For the reasons discussed below, we vacate the decision of the Veterans Court and remand.
Cottingham v. Secretary of Health and Human Services (Precedential)
Petitioner-Appellant Susan Cottingham filed an application for attorneys’ fees and certain litigation costs incurred in connection with Cottingham’s claim for compensation under the National Vaccine Injury Compensation Program. The Special Master denied the application, and the United States Court of Federal Claims affirmed the denial. Because the Special Master abused his discretion in denying attorneys’ fees and costs, we vacate and remand.