Scott v. McDonald, No. 14-7095 (Fed. Cir. 2015)
Annotate this CaseScott served on active duty in 1972. In 1999, Scott tested positive for hepatitis C. He applied for disability benefits in 2005, alleging that he contracted hepatitis C in service from air-gun inoculations. The VA denied service connection. Scott was incarcerated during his appeal. The VA acknowledged Scott’s request for a video conference hearing, and requested the date on which he was expected to be released. Scott responded “January 13, 2017,” and “next parole review date is scheduled for March of 2009.” The VA notified Scott that his hearing was scheduled for March 14, 2008. Scott, still incarcerated, failed to appear. On March 23, Scott requested a rescheduled hearing. The Board of Veterans’ Appeals found that Scott had “not shown good cause,” with no mention of Scott’s incarceration. The Board denied Scott’s claim for service connection, noting that Scott “failed to report for his scheduled hearing.” Before the Veterans Court, Scott, then represented by counsel, did not raise the hearing issue. The Veterans Court vacated based on an inadequate medical examination. In 2011, the VA continued the denial without mentioning the hearing issue. Scott submitted a re-certification of appeal form which checked “YES” in answer to “WAS HEARING REQUESTED?” Scott did not raise the hearing issue with the Board, which affirmed, noting that Scott “has not renewed his request” for a hearing. Before the Veterans Court, in 2013, Scott raised the hearing issue for the first time since March 23, 2008. That court affirmed, stating that raising the hearing issue “amounts to … undesirable piecemeal litigation” for no compelling reason. The Federal Circuit affirmed. The obligation to read filings in a liberal manner does not require the Board or the Veterans Court to search the record and address procedural arguments when the veteran fails to raise them.
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