Background
Jeronimo Moreno, a Marine Corps veteran, received service connection in February 2025 for right-hand, right-knee, and left-knee conditions. He challenged the assigned disability ratings and effective dates, alleging clear and unmistakable error. On October 2, 2025, the Department of Veterans Affairs regional office found no clear and unmistakable error.
Rather than filing a supplemental claim, requesting higher-level review, or submitting the required Notice of Disagreement to appeal to the Board of Veterans’ Appeals, Moreno sent the Board a letter disputing the regional office’s decision. After the VA informed him that he had no pending claim or appeal and explained his review options, Moreno petitioned the Court of Appeals for Veterans Claims for a writ of mandamus setting aside the regional office decision. The Veterans Court denied the petition because he had not shown that adequate alternative means of review were unavailable.
The Court’s Holding
The Federal Circuit affirmed in a nonprecedential per curiam opinion. Mandamus was unavailable because Moreno could obtain review of the October 2025 regional office decision through established administrative channels, including higher-level review or an appeal to the Board.
Because alternative avenues could provide the requested review, Moreno could not satisfy the requirement that no other adequate means exist to obtain relief. The court also noted that he still had time to challenge the regional office decision within the applicable one-year period and found his remaining arguments unpersuasive.
Key Takeaways
- Mandamus is unavailable when established VA administrative-review procedures provide an adequate route to relief.
- A letter disputing a regional office decision does not perfect a Board appeal; a Notice of Disagreement must be filed on the form prescribed by the Secretary.
- The Federal Circuit affirmed because Moreno could still pursue higher-level review or a Board appeal of the October 2025 decision.
Why It Matters
The decision reinforces that veterans generally must use the VA’s prescribed review pathways before seeking extraordinary relief from the Veterans Court. A claimant cannot substitute mandamus for an available administrative challenge to a regional office decision.