Skaar v. McDonough

 
APPEAL NO.
21-1757
OP. BELOW
CVC
OPINION
TBD
SUBJECT
Veterans
AUTHOR
TBD

Issue(s) Presented

On Appeal: “Whether the United States Court of Appeals for Veterans Claims (Veterans Court) erred in holding that it could certify a class that includes veterans over whom it lacks jurisdiction.”

On Cross-Appeal: (1) “Whether the Veterans Court has the authority to certify an injunctive class that includes veterans whose disability benefits claims have been or will be denied pursuant to a regulatory methodology that the Veterans Court found to be unjustified, where the class representative’s claim was properly presented and exhausted.”

(2) “Whether the Veterans Court misinterpreted equitable tolling and waiver of exhaustion standards so as to exclude from the certified class veterans who had not timely appealed past agency denials.”