1. “Whether the United States Court of Appeals for Veterans Claims (Veterans Court) erred in issuing a writ of mandamus that did not aid its exercise of actual or prospective jurisdiction, but rather expanded it.”
2. “Whether the Veterans Court erred when it held that claimants-appellees Jeremy and Maya Beaudette, acting on behalf of a class, were entitled to a writ of mandamus because they: 1) did not have adequate alternative means to obtain their desired relief; and 2) had a clear and indisputable right to the writ.”
1. “We conclude the Beaudettes and other similarly situated veterans and caregivers have an indisputable right to judicial review of Caregiver Program decisions that do not affect the furnishing of support or assistance. The Board has the authority under 38 C.F.R. § 20.104(c) to determine the types of appeals within its jurisdiction in light of the guidance above.”
2. “While the Beaudettes’ arguments challenge the VA’s interpretation of a statute, they are not challenging the VA’s rulemaking. Thus, the Beaudettes had no adequate alternative means to obtain the relief requested and the Veterans Court properly issued a writ of mandamus.”
