The U.S. Court of Appeals for the Federal Circuit issued a nonprecedential decision on Jan. 29, 2026, largely upholding a Veterans Court ruling that denied restoration of disability benefits to a Marine Corps veteran seeking compensation for ankle injuries sustained during his brief military service more than six decades ago.
In *Johnson v. Collins*, veteran David L. Johnson appealed a decision by the U.S. Court of Appeals for Veterans Claims that affirmed the Department of Veterans Affairs' denial of restoration of his 40% disability rating for residuals of a right-ankle ligament tear and left-ankle sprain. The Federal Circuit panel, consisting of Circuit Judges Lourie, Prost, and Cunningham, with Judge Prost writing the opinion, affirmed in part and dismissed in part the lower court's ruling.
Johnson served honorably in the U.S. Marine Corps from Nov. 25, 1961, to May 24, 1962, a period of just six months. During his military service, Johnson suffered a ligament tear in his right ankle, an injury that would become the subject of decades-long litigation over veterans' benefits.
The case highlights the complex and often lengthy process veterans face when seeking disability compensation for service-connected injuries. Johnson did not initially seek benefits immediately after his discharge in 1962. Instead, he waited nearly five decades before applying to the Department of Veterans Affairs for service-connected disability benefits for his right-ankle disability in 2011.
After his initial application, Johnson subsequently applied for additional benefits related to his ankle injuries, though the specific timeline and details of these applications are not fully detailed in the available court documents. The case eventually wound its way through the VA's administrative process and into the federal court system.
The Veterans Court, in its November 2023 decision, affirmed the VA's denial of restoration of Johnson's 40% disability rating. Judge Scott Laurer presided over the Veterans Court case, which was designated as No. 22-4199. The Veterans Court's decision in *Johnson v. McDonough* was published in 2023 WL 8108368 on Nov. 22, 2023.
Unsatisfied with the Veterans Court ruling, Johnson appealed to the Federal Circuit, which has jurisdiction over appeals from the Veterans Court. The case was assigned number 2024-1898 when it reached the Federal Circuit level.
Johnson was represented by a team of attorneys from the National Veterans Legal Services Program, a nonprofit organization that provides legal representation to veterans. Christopher Glenn Murray of the Arlington, Virginia-based organization argued the case for Johnson. The legal team also included Renee A. Burbank, Stacy A. Tromble, and Christopher Wallace.
The Department of Veterans Affairs was represented by attorneys from the U.S. Department of Justice's Commercial Litigation Branch, Civil Division. An Hoang argued for the government, with additional representation from Brian M. Boynton, Martin F. Hockey Jr., and Patricia M. McCarthy. The VA's Office of General Counsel also participated in the case, with Christina Lynn Gregg and Brian D. Griffin providing representation.
The Federal Circuit's decision was designated as nonprecedential, meaning it cannot be cited as binding authority in future cases. This classification is common for Federal Circuit decisions and indicates that while the ruling resolves the dispute between the parties, it does not establish new legal precedent that other courts must follow.
The mixed outcome – affirmed in part and dismissed in part – suggests that the Federal Circuit found merit in some aspects of the Veterans Court's decision while potentially disagreeing with or finding procedural issues with other portions of the ruling. However, the specific reasoning behind the Federal Circuit's decision and which portions were affirmed versus dismissed is not detailed in the available excerpts of the court's opinion.
The case represents the ongoing challenges veterans face in navigating the complex federal benefits system. Johnson's case, spanning from a 1961 military injury to a 2026 Federal Circuit decision, illustrates the lengthy legal processes that can accompany veterans' disability claims, particularly those involving injuries that occurred decades ago.
The involvement of the National Veterans Legal Services Program underscores the role of advocacy organizations in helping veterans pursue their claims through the federal court system. These organizations often provide crucial legal representation to veterans who might otherwise lack the resources to pursue appeals through multiple levels of federal courts.
While the Federal Circuit's decision concludes this particular phase of litigation, the mixed nature of the ruling – affirming some aspects while dismissing others – leaves open questions about whether further legal action might be pursued. The case also highlights the ongoing importance of veterans' disability law and the federal courts' role in interpreting and applying complex veterans' benefits statutes and regulations.
The decision adds to the body of Federal Circuit jurisprudence on veterans' benefits, even as a nonprecedential ruling, and reflects the court's continued role in reviewing Veterans Court decisions in disability compensation cases.