Frick v. McDonough – Federal Circuit Veterans Disability Appeal
Oct 25, 2022OUTCOME: Vacated and Remanded
Amanda Sunday represented the veteran-appellant in Frick v. McDonough, Case No. 2021-2278, before the United States Court of Appeals for the Federal Circuit. The appeal involved a veteran seeking an ... earlier effective date for VA disability benefits based on allegations of clear and unmistakable error (CUE) in a prior VA decision. The case addressed complex legal questions involving the presumption of soundness under 38 U.S.C. § 1111 and the separate presumption of aggravation under 38 U.S.C. § 1153. Amanda presented oral argument before the Federal Circuit on behalf of the veteran. On October 25, 2022, the Federal Circuit vacated the portion of the Veterans Court's decision concerning the presumption-of-aggravation CUE claim and remanded the matter for further proceedings. The court affirmed the remainder of the decision. The remand directed the Veterans Court to consider whether it had jurisdiction over the CUE claim and, if jurisdiction existed, to reconsider that claim. This case illustrates Amanda's experience representing veterans in complex federal appellate proceedings involving VA disability benefits and administrative-law issues.
