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Frazier v. Collins — Fed. Cir. (Nov 4, 2026)

No. 25-1068 Argued November 4, 2026 Published November 5, 2026

The Federal Circuit hears Frazier versus Collins, about what happens to unfinished veterans' benefits claims after the claimant dies. The underlying veteran had sought benefits including adapted housing, automobile adaptive equipment, and special monthly compensation. He died while claims were still pending, and Frazier was allowed to take his place in the administrative appeal. But the Board of Veterans' Appeals dismissed the housing and automobile claims because they were not for recurring monetary benefits. The Veterans Court rejected that restriction and sent those matters back, while also ruling that Frazier's recovery was limited to reimbursing expenses she bore for the veteran's last sickness and burial. That split result explains the two sides of this appeal: the government challenges which benefits can be pursued, and Frazier challenges the reimbursement cap. Two neighboring statutes organize the discussion. Section fifty-one twenty-one, subsection a, governs accrued benefits: qualifying recurring payments that were due but unpaid when the beneficiary died. The separate section fifty-one twenty-one capital A permits an eligible person to request substitution into a pending claim. Substitution means continuing that existing claim, rather than starting a new accrued-benefits claim. When counsel and judges say little a and big A, they are distinguishing the accrued-benefits provision from the substitution statute. The substitution statute refers back to the accrued-benefits law to identify eligible people. The fight is whether those references also carry over limits on the kind of benefit and the amount payable. The government will argue that substitution changes the procedure, not the payment limits; Frazier will argue that continuing the veteran's own claim is different from seeking accrued benefits. Listen for the distinction between who may continue a claim, what claim continues, and what money can ultimately be paid.

Frazier v. Collins (No. 25-1068) — U.S. Court of Appeals for the Federal Circuit, argued November 4, 2026.

Sources
Argument audio — official Federal Circuit recording:https://www.cafc.uscourts.gov/oral-arguments/25-1068_11042026.mp3
Case and argument date — Federal Circuit recording index:https://www.cafc.uscourts.gov/home/oral-argument/listen-to-oral-arguments/
Case background and challenged ruling — Frazier, Veterans Court No. 22-4670, May 23, 2024:https://www.uscourts.cavc.gov/documents/FrazierJ_22-4670.pdf
Accrued benefits and reimbursement categories — 38 U.S.C. § 5121:https://www.law.cornell.edu/uscode/text/38/5121
Substitution after a claimant dies — 38 U.S.C. § 5121A:https://www.law.cornell.edu/uscode/text/38/5121A

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