Bates v. Nicholson

398 F.3d 1355 (2005)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Bates v. Nicholson

United States Court of Appeals for the Federal Circuit
398 F.3d 1355 (2005)

Facts

R. Edward Bates (plaintiff) was an attorney who was accredited by the Department of Veterans Affairs (the VA) (defendant) to represent veterans before the VA in benefits matters. The VA terminated Bates’s accreditation to provide such representation under the provisions of 38 U.S.C. § 5904(b), for various violations of the VA’s operating and practice requirements. Bates alleged that this decision by the VA was reviewable by the Board of Veterans’ Appeals (the board). Bates therefore sought a statement of the case (SOC) from the VA, which was required to pursue an appeal to the board. The VA held that the decision did not fall with the board’s jurisdiction and refused to issue an SOC. Bates sought a writ of mandamus from the United States Court of Appeals for Veterans Claims (the veterans court) to order the VA to issue the SOC. The veterans court held that the board had no jurisdiction over the matter and that the veterans court itself, in turn, had no jurisdiction and therefore could not render mandamus. Bates appealed to the United States Court of Appeals for the Federal Circuit.

Rule of Law

Issue

Holding and Reasoning (Dyk, J.)

Concurrence (Bryson, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 736,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 736,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 736,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership