Wolfe v. McDonough

 
APPEAL NO.
20-1958
OP. BELOW
CVC
OPINION
TBD
SUBJECT
Veterans
AUTHOR
TBD

Issue(s) Presented

The Secretary asks the Federal Circuit to reverse a Veterans Court decision that “granted a petition for a writ of mandamus filed by Ms. Wolfe on behalf of a class of claimants to invalidate 38 C.F.R. § 17.1005(a)(5) [the relevant VA regulation] and require VA to readjudicate and grant claims for reimbursement of coinsurance and deductibles.” 38 C.F.R. § 17.1005(a)(5) states that the “VA will not reimburse ‘any copayment, deductible, coinsurance, or similar payment that a veteran owes the third party or is obligated to pay under a health-plan contract.’”

Issues Presented Include:

1. “Whether the Veterans Court erred when it issued a writ of mandamus that did not aid its exercise of actual or prospective jurisdiction.”

2. “Whether the Veterans Court erred when it issued a writ of mandamus that expanded its jurisdiction.”

3. “Whether the Veterans Court erred when it held that Ms. Wolfe was entitled to a writ of mandamus because she (1) did not have adequate alternative means to obtain her desired relief and (2) had a clear and indisputable right to the writ.”

4. “Whether the Veterans Court erred when it certified a class that includes claims over which the court lacks jurisdiction.”