⚖ Oral Arguments, with Context

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Eriksmoen v. Collins — Fed. Cir. (Oct 5, 2026)

No. 25-1535 Argued October 5, 2026 Published October 6, 2026

Army veteran Eric Eriksmoen appeals the denial of benefits for a lower-back condition. He says he was treated for back spasms in Italy in 1954, and he sought VA benefits decades later, in 2019. The Board denied his claim, and an earlier court remand directed it to reconsider why it disbelieved his account. A remand sends a case back for further proceedings. The Board denied benefits again in March 2024. The Veterans Court found that the Board had not followed its earlier direction, but still affirmed because a separate, unchallenged finding independently defeated the claim. That finding rejected the medical link between his current condition and military service. The court treated the Board's mistake as harmless: an error that did not change the result. Mr. Dojaquez will argue for Eriksmoen that the court overlooked harm to procedural rights, not just whether benefits would immediately be granted. One protection matters here: favorable findings generally bind later VA adjudicators unless clear and unmistakable error is shown, a particularly high threshold for overturning them. The judges also question whether they can hear this appeal at all. In veterans appeals, the Federal Circuit generally reviews legal questions, not factual findings or how the law was applied to particular facts.

Eriksmoen v. Collins (No. 25-1535) — U.S. Court of Appeals for the Federal Circuit, argued October 5, 2026.

Sources
Case and argument date — official Federal Circuit index:https://www.cafc.uscourts.gov/home/oral-argument/listen-to-oral-arguments/
Claim background and harmless-error ruling — Veterans Court decision, No. 24-1947:https://efiling.uscourts.cavc.gov/docs1/012011055070
Independent claim history and veteran's position — appellant's Veterans Court brief:https://efiling.uscourts.cavc.gov/docs1/012010655416
Independent claim history and government's position — Secretary's Veterans Court brief:https://efiling.uscourts.cavc.gov/docs1/012010957676
Current counsel appearances — Federal Circuit docket 25-1535 (public mirror):https://dockets.justia.com/docket/circuit-courts/cafc/25-1535
Federal Circuit review limits — 38 U.S.C. § 7292 (statutory text mirror):https://www.law.cornell.edu/uscode/text/38/7292
Prejudicial-error rule — 38 U.S.C. § 7261 (statutory text mirror):https://www.law.cornell.edu/uscode/text/38/7261
Binding favorable findings — 38 C.F.R. § 3.104(c) (regulatory text mirror):https://www.law.cornell.edu/cfr/text/38/3.104

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