This morning the Federal Circuit issued a precedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims and related to that court’s invalidation of Veterans Affairs regulations. The court also issued a nonprecedential order voluntarily dismissing a case appealed from the Patent Trial and Appeal Board. Here are the introductions to the opinion and order.
Wolfe v. McDonough (Precedential)
This case involves the scope of the Department of Veterans Affairs’ (“VA’s”) reimbursement of the cost of hospital visits to veterans enrolled in the VA health care system. The statute bars reimbursement for “any copayment or similar payment.” 38 U.S.C. § 1725(c)(4)(D). The question is whether deductibles and coinsurance are encompassed within the term “similar payments.”
The Secretary of the VA (“Secretary”) appeals from a decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”) granting a petition for a writ of mandamus (1) invalidating a VA regulation prohibiting the reimbursement of deductibles and coinsurance for being within the category of “similar payments,” (2) requiring the VA to readjudicate claims denied under the invalidated regulation, and (3) certifying a class of “[a]ll claimants whose claims for reimbursement of emergency medical expenses incurred at non-VA facilities VA has already denied or will deny, in whole or in part, on the ground that the expenses are part of the deductible or coinsurance payments for which the veteran was responsible,” J.A. 28.
Because deductibles are excluded from reimbursement under the correct interpretation of the statute and other adequate remedies were available with respect to coinsurance, mandamus was inappropriate. We reverse.
In re Solas OLED Ltd. (Nonprecedential Order)
Samsung Display Co., Ltd. moves unopposed to withdraw from this appeal, and Solas OLED Ltd. moves unopposed to voluntarily dismiss the appeal.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) Samsung’s motion is granted. The revised official caption and short caption are reflected in this order.
(2) Solas’s motion is granted. The appeal is dismissed.
(3) Each party shall bear its own costs.