Background
Washington Windsor, a veteran with a one hundred percent disability evaluation, sought a writ of mandamus from the Veterans Court to compel the Department of Veterans Affairs to provide dental implants and reimbursement. The Veterans Court dismissed the petition as moot after Windsor underwent successful dental implant surgery and denied his motion to strike portions of the Secretary’s response. Windsor appealed to the Federal Circuit.
The court’s reasoning
The Federal Circuit explained that its jurisdiction is limited to reviewing challenges to the validity of statutes or regulations and interpreting constitutional or statutory provisions. The court cannot review factual determinations or the application of law to specific facts. The court found that Windsor presented no non-frivolous legal question because the petition was moot after he obtained the treatment. The court also noted that Windsor failed to raise arguments regarding the motion to strike before the Veterans Court, precluding review.
What it means going forward
Veterans seeking mandamus relief must ensure their petitions raise non-frivolous legal questions regarding statutory interpretation rather than factual disputes. Requests for treatment become moot once the treatment is completed, and new arguments must be raised at the Veterans Court level to be preserved for appeal.