Monk v. Tran

Issue(s) Presented

1. “Did the CAVC misinterpret 38 U.S.C. § 7261(a)(2) in holding that a five-year delay in deciding a disabled veteran’s administrative appeal does not amount to an unreasonable delay.”
2. “Did the CAVC misinterpret and misapply the Fifth Amendment Due Process Clause in holding that such a five-year delay does not violate the veteran’s due process rights.”
3. “Did the CAVC misinterpret the mootness standard in dismissing certain Appellants’ claims.”

Holding

“[A]ll appellants have received their desired relief and . . . no mootness exception applies. Thus, we find the case before us to be moot. As to the Veterans Court’s determination that all Appellants but Mr. Dolphin had moot cases, we affirm. Mr. Dolphin’s appeal is dismissed as moot.”

Posts About this Case

• Update on Important Panel Activity

  February 15, 2021

• Opinion Summary - Monk v. Tran

  January 28, 2021

• Update on Important Panel Activity

  November 23, 2020

• Argument Recap - Monk v. Wilkie

  November 5, 2020

• Court Week - What You Need to Know

  November 2, 2020

• Argument Preview - Monk v. Wilkie

  October 28, 2020

• Update on Important Panel Activity

  October 19, 2020