The Federal Circuit Court of Appeals issued a decision Wednesday in *Cash v. Collins*, addressing how the Department of Veterans Affairs handles evidence submissions across multiple benefit claims filed by the same veteran.
Robert L. Cash, a U.S. Navy veteran, appealed a Veterans Court decision that affirmed the denial of his service-connected benefits claim. The case, decided Feb. 5, 2026, originated from the U.S. Court of Appeals for Veterans Claims under case number 22-7371.
The central issue in *Cash* involves whether the Board of Veterans' Appeals must consider evidence a veteran previously submitted for a different claim when that evidence is referenced in a new proceeding. According to court documents, Cash had submitted evidence to the Board in February 2022 as part of an appeal for a separate claim. When filing his current benefits claim, Cash referenced this prior evidentiary submission in an addendum to his Notice of Disagreement.
The Board of Veterans' Appeals refused to consider the previously submitted evidence, determining that Cash needed to resubmit copies of the materials for them to be deemed properly "submitted" for consideration in his current claim. This procedural requirement became the focal point of Cash's appeal to the Veterans Court and subsequently to the Federal Circuit.
The Veterans Court initially affirmed the Board's denial in a decision issued Feb. 20, 2024. The court found that the Board's interpretation of evidence submission requirements was reasonable under current veterans benefits law. Cash then appealed that decision to the Federal Circuit, arguing that the Board's refusal to consider previously submitted evidence violated his rights and created unnecessary procedural barriers for veterans seeking benefits.
Cash was represented by Johannah Cassel-Walker of Hogan Lovells US LLP in San Francisco and Stephanie Jeanne Costello of Berry Law in Lincoln, Nebraska. The presence of major law firm representation suggests the case may have broader implications for veterans' rights and administrative procedures.
The Department of Veterans Affairs was represented by Martin F. Hockey Jr. from the Commercial Litigation Branch of the Justice Department's Civil Division, along with attorneys from the VA's Office of General Counsel including Eric P. Bruskin, Patricia M. McCarthy, Yaakov Roth, Brian D. Griffin, and Andrew J. Steinberg.
The Federal Circuit panel consisted of Circuit Judges Lourie, Reyna, and Chen, with Judge Chen writing the opinion. The Federal Circuit has jurisdiction over appeals from the Veterans Court, making it the final appellate court for most veterans benefits disputes unless the Supreme Court grants review.
This case highlights ongoing tensions between veterans' advocates and the VA over procedural requirements that can delay or complicate benefit determinations. Veterans often file multiple claims over time as new medical evidence emerges or conditions worsen, creating situations where evidence from one proceeding may be relevant to another.
The Board of Veterans' Appeals processes tens of thousands of appeals annually, and standardized evidence submission procedures are designed to ensure complete records and efficient case processing. However, veterans' advocates argue that overly rigid requirements can create unnecessary barriers for claimants who may not have legal representation or full understanding of complex procedural rules.
The *Cash* decision could influence how the VA handles evidence submissions across multiple proceedings by the same veteran. If the Federal Circuit sided with Cash, it could require the Board to develop new procedures for tracking and considering previously submitted evidence when veterans reference it in subsequent claims. Conversely, affirming the Veterans Court would maintain current practices requiring separate submission of evidence for each proceeding.
The case also reflects broader debates about veterans' access to benefits and the balance between administrative efficiency and claimant rights. Veterans' organizations have long advocated for streamlined procedures that reduce bureaucratic obstacles, while the VA maintains that clear documentation requirements ensure proper adjudication of claims.
Given the procedural nature of the dispute, the Federal Circuit's decision in *Cash* may establish important precedent for how veterans must present evidence across multiple benefit proceedings. The ruling could affect thousands of veterans who file successive claims as their service-connected conditions evolve or new medical evidence becomes available.
The timing of the decision, coming early in 2026, may also influence pending legislative proposals regarding veterans' benefits administration. Congressional committees regularly review VA procedures, and court decisions highlighting procedural barriers often prompt legislative attention.
While the specific outcome of Cash's individual claim depends on the Federal Circuit's ruling, the case represents the ongoing evolution of veterans' benefits law and the continuing efforts to balance administrative efficiency with fair treatment of those who served in the armed forces.