Finnegan Taps Its Federal Circuit Chops for Military Vets in Disability Cases

In the past 10 years, Finnegan has represented veterans in more than 1,000 appeals through its Veterans Assistance Program. The AmLaw Litigation Daily interviewed Finnegan partner Charles Collins-Chase to discuss how Finnegan’s two recent victories at the U.S. Court of Appeals for the Federal Circuit on behalf of military veterans align with the firm’s overall litigation practice.

In June, the firm prevailed at the Federal Circuit on behalf of a veteran seeking benefits for a spinal disability. 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 the VA’s interpretation of its regulation, concluding that the VA disregarded the plain regulatory language and regulatory history. Charles worked with Finnegan attorneys Kayvon Ghayoumi and Jeanette Roorda on the case.

In August, Charles, Kenneth Guerra, and Jennifer Vein convinced the Federal Circuit to rule in favor of an Army veteran seeking benefits for a medical condition impairing his ability to swallow food. The court disagreed again with the Veterans Court’s regulatory interpretation and remanded the case to reassess the issues under the correct legal standards. Charles believes both cases could have an impact on similar veteran’s cases.

The issues of regulatory and statutory interpretation at play in veterans’ appeals of disability benefits decisions have a lot in common with the claims construction process in patent cases. Charles said, “I think patent litigators are actually very well positioned to take on technical questions that involve defining what terms should mean based on whatever people in the field know. Here, it’s the medical field.” He added, “I think [Finnegan’s Federal Circuit] experience pays huge dividends, even for cases that don’t go to the Federal Circuit.”

Read “Finnegan Taps Its Federal Circuit Chops for Military Vets in Disability Cases”