FOR IMMEDIATE RELEASE
June 30, 2021
WASHINGTON, DC—A veteran seeking benefits for a spinal disability and represented pro bono by Finnegan prevailed at the U.S. Court of Appeals for the Federal Circuit. Based on the Department of Veterans Affairs’ (VA) incorrect interpretation of its regulation, Finnegan’s client was denied a 20 percent disability compensation rating (he had a 10 percent rating) for a back disability connected to his service in the U.S. Navy.
In a precedential and unanimous opinion, the Federal Circuit reversed VA’s interpretation, concluding that it disregarded the plain regulatory language and regulatory history. The decision corrects VA’s regulatory interpretation and awards the veteran the higher rating to which he is entitled.
“This is a significant win for our client. The Federal Circuit’s precedential decision should also help veterans in other cases where VA has applied the same incorrect regulatory interpretation. We are extremely happy to secure this victory for our client, particularly via a unanimous reversal rather than a remand,” said Charles Collins-Chase, lead counsel who argued the case at the Federal Circuit and the Court of Appeals for Veterans Claims.
This is one of many victories Finnegan has secured on behalf of veterans through the firm’s pro bono Veteran’s Assistance Program. In the past ten years, the firm has represented veterans in more than 1,000 appeals at the Court of Appeals for the Federal Circuit and the Court of Appeals for Veterans Claims, handling more than 60 cases in 2020 alone. Finnegan donates 100 percent of the fees it recovers each year under the Equal Access to Justice Act (EAJA) for the firm’s successful work at the U.S. Court of Appeals for Veterans Claims (CAVC). To date, Finnegan has donated more than $5 million to veterans’ charitable organizations, including Disabled American Veterans (DAV), Fisher House Foundation, National Veterans Legal Services Program (NVLSP), and others.
Contacts
Anand K. Sharma, Managing Partner
anand.sharma@finnegan.com
Mark D. Sweet, Chair
mark.sweet@finnegan.com
About Finnegan
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is one of the largest IP law firms in the world. From offices in Atlanta, Boston, London, Palo Alto, Reston, Seoul, Shanghai, Taipei, Tokyo, and Washington, DC, the firm practices all aspects of patent, trademark, and copyright law, including counseling, prosecution, licensing, and litigation. Finnegan also represents clients on IP issues related to advertising, trade secret law, European patents and trade marks, international trade, portfolio management, the Internet, e-commerce, government contracts, antitrust, and unfair competition. For additional information on the firm, please visit www.finnegan.com. Follow us on LinkedIn and Twitter.
