Case Explained: WINDSOR v. COLLINS

Court: United States Court of Appeals for the Federal Circuit

Filed: 2026-07-08

The federal-circuit dismissed the appeal for lack of jurisdiction, affirming the Veterans Court’s dismissal of Washington Windsor’s petition for a writ of mandamus as moot. The court held that it lacks authority to review factual determinations or the application of law to specific facts under 38 U.S.C. § 7292(d)(2), and its jurisdiction is limited to reviewing non-frivolous legal questions regarding statutory or regulatory interpretations under 38 U.S.C. § 7292(c). The court found that Windsor failed to present a non-frivolous legal argument challenging the Veterans Court’s conclusion that his petition was moot because he had already obtained the requested dental implant surgery, and any request for reimbursement exceeded the scope of the original petition. Additionally, the court determined it could not review the denial of Windsor’s motion to strike because Windsor raised no statutory or regulatory interpretation issues regarding that ruling and failed to preserve arguments concerning the Secretary’s response brief that were not previously made before the Veterans Court. Consequently, the appeal is dismissed without costs, leaving the Veterans Court’s mootness dismissal in place.

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