Edingbourgh v. Mansfield

Summary

The United States Court of Appeals for the Federal Circuit granted the Acting Secretary of Veterans Affairs’ motion to vacate the judgment of the United States Court of Appeals for Veterans Claims. Relying on Mlechick v. Mansfield, the court held that the Veterans Court should consider whether any notice error under 38 U.S.C. § 5103(a) was prejudicial and remanded for further proceedings, with each side bearing its own costs.

Holdings

1. The Veterans Court may not refuse to consider the rule of prejudicial error in that circumstance; it must review the pre-decisional communications to determine whether any difference between the notice given and the notice required by 38 U.S.C. § 5103(a) affected the fundamental fairness of the adjudication.

Questions Presented

1. Whether the Court of Appeals for Veterans Claims could decline to determine prejudicial error merely because the Board had relied on both pre- and post-decisional communications.
2. Whether the Veterans Court's judgment should be vacated and the case remanded for consideration of whether any notice deficiency affected the fundamental fairness of the adjudication.

Disposition

vacated