Keyes v. Shinseki

Summary

The United States Court of Appeals for the Federal Circuit denied the Secretary of Veterans Affairs’ motion to dismiss and summarily affirmed the judgment of the Court of Appeals for Veterans Claims. The court held that its recent decision in Vazquez-Flores resolved the notice issue concerning the Veteran Claims Assistance Act and the adjudication of disability-rating claims.

Holdings

1. The Secretary's motion to dismiss was denied.
2. Summary affirmance of the Veterans Court's judgment was appropriate because the only issue over which the Federal Circuit would have jurisdiction was clearly resolved by Vazquez-Flores v. Shinseki.

Questions Presented

1. Whether the Secretary's motion to dismiss should be granted.
2. Whether the Veterans Court's judgment should be summarily affirmed because the controlling notice issue had been resolved by Vazquez-Flores v. Shinseki.

Disposition

affirmed