Veteranclaims’s Blog

January 22, 2022

Single Judge Application; privacy act; production of claim file; Recently, the Court held in Lawrence v. Wilkie that the Court lacks jurisdiction to compel the production of a claims file under the Privacy Act;

Designated for electronic publication only
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
No. 21-2776
BURLAND BROWN, PETITIONER,
V.
DENIS MCDONOUGH,
SECRETARY OF VETERANS AFFAIRS, RESPONDENT.
Before ALLEN, Judge.
O R D E R
Note: Pursuant to U.S. Vet. App. R. 30(a),
this action may not be cited as precedent.
On April 27, 2021, Burland Brown filed a petition under the All Writs Act asking the Court
to compel the Secretary to produce a copy of his claims file. Petitioner reports that on September
14, 2020, he requested that VA produce a copy of his claims file.1 VA acknowledged the request
on September 30, 2020.2 VA specifically noted that petitioner’s request was made pursuant to the
Privacy Act.3
We must dismiss the petition for lack of jurisdiction. Recently, the Court held in Lawrence v. Wilkie that the Court lacks jurisdiction to compel the production of a claims file under the Privacy Act.4 Petitioner does not cite Lawrence or otherwise explain why the Court has jurisdiction
to address his request. While we are deeply sympathetic to petitioner’s request and hope that VA
will provide a copy of his claims file, we are bound by Lawrence. So, it is
1 See Petitioner, Exhibit (Ex.) A.
2 Id. Ex. B.
3 Id.
4 33 Vet.App. 158, _, 2020 U.S. App. Vet. Claims LEXIS 2303, at *11-14 (Dec. 22, 2021).
2
ORDERED that this matter is DISMISSED for lack of jurisdiction.
DATED: May 14, 2021 BY THE COURT:
MICHAEL P. ALLEN
Judge
Copies to:
Douglas G. Jackson, Esq.
VA General Counsel (027)

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