Background
Jacqueline M. McBride petitioned the United States Court of Appeals for Veterans Claims alleging unlawful discontinuation of a total disability rating based on individual unemployability and failure to adjudicate a higher-level review. After a single judge denied the petition and a panel denied reconsideration, Ms. McBride filed an emergency petition for a writ of mandamus at the Federal Circuit seeking to stay the prior decision.
The court’s reasoning
The court determined that the petition satisfied the requirements for a notice of appeal under Rule three of the Federal Rules of Appellate Procedure and therefore denied the request for mandamus relief. Regarding the motion for a stay, the court applied the four-factor test from Ohio versus the Environmental Protection Agency and concluded that Ms. McBride had not shown a strong likelihood of success on the merits, irreparable injury, or that the public interest favored the requested relief.
What it means going forward
The case proceeds as a direct appeal on the merits, with the petitioner required to file an opening brief within sixty days of docketing. The immediate request to halt the Veterans Claims court decision was rejected.
Podcast (federal-narrative-summaries): Play in new window | Download