Israel Cantu v. Douglas A. Collins, Secretary of Veterans Affairs

Petitioner is a veteran seeking review of proceed­ ings concerning earlier effective dates for serviceconnected disabilities and the adjudication of claims remanded to the Board of Veterans’ Appeals. In October 2024, the Veterans Court remanded matters involving Petitioner’s claims, noting his assertion that the Board had not acted on remanded claims entitled to expedited treatment under 38 U.S.C. § 7112(a). Petit­ ioner subsequently sought mandamus relief concerning the Board’s alleged delay and compliance with the remand, including issues involving revision of decisions under 38 C.F.R. § 3.105. The Veterans Court dismissed Petitioner’s manda­ mus petition as moot. On June 9, 2026, the Federal Circuit dismissed his appeal for lack of jurisdiction, concluding that his arguments did not present the requisite non-frivolous legal question. Petitioner contends that the jurisdictional analysis failed to account for the October 2024 remand and the legal issues he raised concerning remand compliance, § 3.105, and the governing statutory review provisions. He further contends that these proceedings deprived him of meaningful judicial review and a fair determination of his claims. Questions Presented

1. Whether the dismissal of a veteran’s appeal for lack of jurisdiction deprived the veteran of meaningful access to judicial and administrative review under the First Amendment.

2. Whether the dismissal of a veteran’s manda­ mus proceedings for failure to present a nonfrivolous legal question violated the veteran’s rights under the First and Fifth Amendments where the proceedings involved application of 38 C.F.R. § 3.105 and compliance with a prior remand.

3. Whether a veteran has a constitutional right to a fair adjudication of a request for compliance with a prior remand when review is dismissed for failure to satisfy the jurisdictional require­ ments of 38 U.S.C. § 7292.