Burris v. Wilkie
Opinion
*1354
Charles D. Burris, Jr. and Ben H. Thompson appeal from decisions of the United States Court of Appeals for Veterans Claims ("Veterans Court") denying their respective requests for equitable relief.
See
Burris v. McDonald
, No. 14-2980,
BACKGROUND
These consolidated appeals involve two cases that present similar issues related to Appellants' requests for educational assistance benefits. We summarize each case below.
I. Burris's Case (No. 17-2001)
Burris's father served on active duty in Vietnam from February 1969 to January 1971, and was granted a permanent and total disability rating for schizophrenia effective October 1, 2000. Because of his father's disability, Burris was eligible to receive Dependents' Educational Assistance ("DEA") benefits. In October 2010, Burris, then 35-years old, elected to receive retroactive benefits for the period beginning on May 7, 2002, and ending on May 7, 2010. During a portion of that period, Burris was enrolled as an undergraduate student at Southeastern Louisiana University.
Burris's studies were interrupted in January 2005, however, when his mother unexpectedly passed away. At that time, Burris became the primary caretaker for his father, who suffered from prostate cancer. As a result, Burris was unable to attend school between August 16, 2004, and May 10, 2010. Burris could not resume his studies until after his period of DEA eligibility had expired.
The Department of Veterans Affairs ("VA") notified Burris that it could not grant DEA benefits after the expiration of his eligibility period, and thereafter denied Burris's request for an extension of that period, citing VA regulations that prohibit extensions for dependents "beyond age 31."
The Veterans Court affirmed on appeal. The court held that the Board correctly determined that it was without jurisdiction to grant equitable relief.
Burris Decision
,
As relevant here, the court also determined that it could not itself exercise equitable powers to extend Burris's eligibility deadline, noting that it is devoid of such authority.
*1355
II. Thompson's Case (No. 17-2003)
Thompson served intermittently in the U.S. Navy and Air Force from 1975 to 2012. Under statutory law, Thompson was entitled to receive 48 months of educational assistance benefits for his time in service. As of May 2011, Thompson had used 44 months and 22 days of entitlement and therefore had a period of 3 months and 8 days remaining.
On July 7, 2011, the VA sent Thompson a Certificate of Eligibility ("COE") accurately indicating that he had only 3 months and 8 days of full-time benefits available. 2 One day later, however, the VA sent Thompson a second COE erroneously indicating that he had 36 months of full-time benefits remaining. Relying in part on the second COE, Thompson transferred his remaining eligibility to his son so that he could attend the University of South Carolina School of Law, the more expensive of the two schools that he was considering attending. 3
After Thompson's son enrolled, the VA refused to provide 36 months' worth of benefits, and Thompson alleges that he incurred approximately $50,000 of additional education-related expenses. The Board affirmed the VA, stating that it "has no authority to grant additional benefits on an equitable basis," and noting that only the Secretary has such authority. J.A. 40.
Shortly thereafter, Thompson wrote a letter to the Secretary pleading for equitable relief. The Secretary denied that request, stating that Thompson was not entitled to relief because he was "not denied a benefit due to an error on the part of an employee of the federal government" and did not "suffer a financial loss due to reliance on an incorrect decision by the" VA. J.A. 135.
Meanwhile, the Veterans Court affirmed the Board, reiterating that only the Secretary "has the authority to act upon requests for equitable relief in certain circumstances."
Thompson Decision
,
Appellants separately filed timely appeals, which were consolidated before this court.
DISCUSSION
Appellants argue that the Veterans Court wrongly concluded that it lacks jurisdiction to grant equitable relief. Before addressing the Veterans Court's jurisdiction, however, we first address our own.
*1356 I. Jurisdiction
"This court's jurisdiction to review decisions by the Veterans Court is limited."
Wanless v. Shinseki
,
The government asserts that we lack jurisdiction over these appeals because Appellants do not raise a constitutional issue or an issue concerning the validity or interpretation of a statute or regulation that the Veterans Court relied upon in its decisions. But, as the government conceded at oral argument,
see
Oral Arg. at 20:40-22:37, these appeals require us to interpret the scope of the Veterans Court's jurisdictional statute,
With respect to Burris, the government additionally argues that his appeal amounts to an impermissible request for an advisory opinion insofar as he argues that the Veterans Court may review the Secretary's denial of equitable relief under § 503, because Burris failed to petition the Secretary for such relief before filing his appeal to the Veterans Court. We disagree. Burris does not argue that the Veterans Court has jurisdiction to review the Secretary's discretionary decisions under § 503 ; he assumes it does not for purposes of his appeal. Instead, he argues that the Veterans Court itself has jurisdiction to grant the equitable relief that he seeks. Thus, that Burris did not seek equitable relief before filing his appeal to the Veterans Court does not render his appeal to this court a request for an advisory opinion.
With respect to Thompson, the government additionally argues that his appeal requires us to weigh the equities of his case, which we may not do. Again, we disagree. Thompson does not request that we address the merits of the Veterans Court's decision, and, in fact, he could not do so given that the court never reached the merits of Thompson's challenge. Nor does he ask that we review the Secretary's denial of his request for relief under § 503. The sole issue on appeal is a legal one-i.e., whether the Veterans Court may grant the equitable relief that Thompson seeks. We turn now to the merits of that issue.
II. The Veterans Court Does Not Have Jurisdiction to Grant the Equitable Relief that Appellants Seek
We begin by defining the contours of these appeals. Importantly, Appellants do not contest, for purposes of these appeals, that (1) at the time they sought relief from *1357 the VA, they were not eligible for such relief under title 38 of the U.S. Code and applicable VA regulations; and (2) the Veterans Court lacks authority to review the Secretary's grant or denial of equitable relief under § 503. Instead, Appellants ask us to conclude that the Veterans Court itself has authority to grant equitable relief as a general matter. See Appellants Br. 10; Reply 2.
We decline Appellants' invitation to resolve these appeals on such broad grounds, as their actual requests for relief are far more limited in scope. Thompson seeks restitution in the amount of the out-of-pocket expenses he incurred paying for his son's legal education. See, e.g. , Appellants Br. 24 ("Mr. Thompson sought relief from the Veterans Court for the difference in out-of-pocket costs to him from the Secretary's error."); Reply 5 n.1 ("Mr. Thompson is not seeking 'educational benefits,' but the amount he expended because of his detrimental reliance on the Secretary's representations."); Oral Arg. at 3:10-17 ("In Mr. Thompson's case, it is ... approximately a $50,000 reliance harm ...."). And, although Burris asserted for the first time at oral argument that he seeks "equitabl[e] tolling [of] the time limit for the benefit that he was seeking below," Oral Arg. at 3:50-57, that request is functionally equivalent to one for retroactive DEA benefits.
In other words, Appellants ask us to conclude that the Veterans Court should have used its purported equitable authority to grant monetary relief . We therefore limit our analysis to this particular issue.
A. The Veterans Court's Jurisdictional Statute Limits the Reach of its Authority
The Veterans Court, as an Article I tribunal, is a creature of statute by definition.
See
"As in any case of statutory construction, our analysis begins with the language of the statute."
Hughes Aircraft Co. v. Jacobson
,
*1358
Section 7261, which sets forth the Veterans Court's "scope of review," similarly permits the court to decide only "relevant
questions of law
, interpret constitutional, statutory, and regulatory provisions, and determine the meaning or applicability of the terms of an action of the Secretary[.]"
The only provision in title 38 that addresses equitable relief in this context is § 503. Titled "Administrative error; equitable relief," § 503 provides, in relevant part, that the Secretary may grant relief, "including the payment of moneys to any person whom the Secretary determines is equitably entitled":
If the Secretary determines that a veteran, surviving spouse, child of a veteran, or other person has suffered loss as a consequence of reliance upon a determination by the Department of eligibility or entitlement to benefits, without knowledge that it was erroneously made, the Secretary may provide such relief on account of such error as the Secretary determines is equitable, including the payment of moneys to any person whom the Secretary determines is equitably entitled to such moneys.
The Veterans Court's jurisdictional statute, § 7252, must be interpreted in light of § 503.
See
King v. Burwell
, --- U.S. ----,
Further, that Congress has given the Secretary the discretionary authority to provide the equitable relief that Appellants seek suggests that Congress intended for the Secretary to be the exclusive avenue by which a claimant may seek such relief.
See
TRW Inc. v. Andrews
,
A contrary interpretation of the Veterans Court's jurisdiction, moreover, would raise serious concerns involving the Appropriations Clause of the Constitution, U.S. Const., art. I, § 9, cl. 7, which mandates that "payment of money from the Treasury must be authorized by statute,"
Office of Pers. Mgmt. v. Richmond
,
We reach this same conclusion analyzing the issue through the lens of sovereign immunity. The doctrine of sovereign
*1360
immunity bars suits against the United States unless Congress has effected a waiver.
See
United States v. Sherwood
,
Appellants argue that Congress could not have intended for § 503 to restrict the authority of the Veterans Court to grant equitable relief because the predecessor of the Veterans Court was not created until 1988, long
after
the predecessor to § 503 was enacted.
See
Pub. L. No. 100-687, Title III, Sec. 301,
Thus, based on a plain reading of the Veterans Court's jurisdictional statute, in conjunction with § 503 and the other considerations recited above, we conclude that the Veterans Court lacks jurisdiction to grant the equitable relief that Appellants seek.
B. The Veterans Court's Purported Inherent Equitable Powers Do Not Allow it to Grant the Relief that Appellants Seek
Appellants assert that, notwithstanding the statutory limits to the Veterans Court's jurisdiction discussed above, the Veterans Court has broad inherent equitable powers to grant their requested relief. In support of that assertion, they cite to cases where the Veterans Court has granted-or has been authorized to grant-non-substantive forms of equitable relief during the course of a proceeding, such as equitable tolling of a filing deadline.
See, e.g.
,
Monk v. Shulkin
,
Those cases, however, either involved relief provided by
other
statutes (e.g., the All Writs Act) or interlocutory or procedural relief not comparable to the substantive, monetary relief that Appellants seek here. It is clear that the Veterans Court has authority to grant certain forms of non-substantive equitable relief required to enable the court to carry out its statutory grant of jurisdiction.
See
In re Bailey
,
But the Veterans Court cannot invoke equity to
expand
the scope of its statutory jurisdiction.
See
Comm'r v.
Gooch Milling & Elevator Co.
,
Having resolved Appellants' particular challenge in these appeals, we need not determine just how far the equitable powers of the Veterans Court, as an Article I tribunal, extend. 5 We leave that question for another day.
*1362 CONCLUSION
We sympathize with Appellants and recognize that they point to inequities in their cases. While those inequities might warrant some form of relief from the Secretary, neither we nor the Veterans Court has the authority to provide such relief.
We have considered Appellants' additional arguments and find them unpersuasive. For the reasons stated above, we affirm the Veterans Court's decisions denying relief.
AFFIRMED
COSTS
No costs.
At oral argument before this court, the government represented that Burris petitioned the Secretary for relief after the Veterans Court rendered its decision. Oral Arg. at 22:47-23:10,
Burris v. Wilkie
(No. 2017-2001), http://oralarguments.cafc.uscourts.gov/default.aspx?fl=2017-2001.mp3. The Secretary has not yet responded to that petition and is apparently waiting for the outcome of these appeals before doing so.
Thompson testified at a Board hearing that he never received the July 7, 2011 COE.
There is some evidence in the record suggesting that Thompson also relied on a March 22, 2014 VADIR Information Report and the VA's website, which indicated that he had 36 months of remaining eligibility.
In 2016, the Secretary granted equitable relief in twenty cases, many of which involved the payment of moneys. See Dep't Vet. Affairs, Disposition of Recommendations for Equitable Relief Submitted to the Secretary in Calendar Year 2016, https://www.data.va.gov/sites/default/files/2016%20Equitable%20Relief.pdf.
At oral argument, Appellants cited to
Freytag v. Commissioner of the Internal Revenue
,
Reference
- Full Case Name
- Charles D. BURRIS, Jr., Claimant-Appellant, v. Robert WILKIE, Acting Secretary of Veterans Affairs, Respondent-Appellee. Ben H. Thompson, Claimant-Appellant, v. Robert Wilkie, Acting Secretary of Veterans Affairs, Respondent-Appellee.
- Cited By
- 31 cases
- Status
- Published