1. “Did the CAVC misinterpret Rule 23(a)’s commonality requirement to require that a proposed class of disabled veterans seeking class certification of claims alleging unreasonable system-wide delay always identify a specific policy or reason behind the delay?”
2. “Did the CAVC err in denying class certification to a proposed class of disabled veterans alleging unreasonable system-wide delay in Department of Veterans Affairs (VA) adjudications in violation of the TRAC standard and Due Process Clause?”
3. “Did the CAVC misinterpret Rule 23(b)(2) as precluding the relief sought by Appellants?”
“We agree with the Veterans Court that Petitioners have not met the commonality requirement, or suggested a path to meeting this requirement. Petitioners have not demonstrated Veterans Court error or shown a reasonable basis for remand.”
