Legal Opinion
Wingard v. McDonald
Court of Appeals for the Federal Circuit
Decided March 10, 2015No. 2014-7017PublishedCited by 21 opinions
1Opinion of the Court
TARANTO, Circuit Judge.
In the ruling before us, the Court of Appeals for Veterans Claims held that 38 U.S.C. § 7252(b) did not preclude it from reviewing whether the Department of Veterans Affairs complied with statutory constraints on the schedule of disability ratings. The Veterans Court then held that the Department had complied. We hold that Congress has barred the Veterans Court from conducting that review and also has barred this court from itself conducting the review on appeal from a Veterans Court decision. Any such review must be conducted through a direct review of rulemaking…
2Cases cited9 opinions
- Henderson v. ShinsekiSupreme Court of the United States · 2011
- Ellis C. Smith, Claimant-Appellee v. R. James Nicholson, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2006
- Oscar G. Fugere v. Edward J. Derwinski, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1992
- Jacob Wanner and King L. Wright, Claimants-Appellees v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2004
- Thomas M. Nyeholt v. Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2002
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Doucette v. ShulkinUnited States Court of Appeals for Veterans Claims · 2017
- Kurt Prokarym v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2015
- Ulysses Copeland v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2015
- Billy D. McCarroll v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2016
- Larson v. McDonoughCourt of Appeals for the Federal Circuit · 2021
16 more not listed; retrieve them via the Exa API.