February 2025 - U.S. CAVC

U.S. Court of Appeals for Veterans Claims

Karen R. Shorette v. Douglas A. Collins | Decided on February 6, 2025

This case presents a long and complicated history stemming from benefits distributed through the VA’s fiduciary program. The petitioner is and has been the legal guardian and VA fiduciary for the Veteran since December 2008. In March 2018, VA suspended payment of the Veteran’s benefits after a doctor alleged the petitioner had been misusing the veteran’s funds. The VA then appointed a different fiduciary. Despite a prior fiduciary agreement that allocated money from the veteran’s benefits each month to pay for the family’s expenses, none of the veteran’s benefits were being allocated for this purpose. This continued even after the petitioner was found to not have misused any of the veteran’s benefits. The petitioner first requested the Court to intervene in April 2022. See Shortte v. McDonough (22-4698). After an unsuccessful attempt to resolve the issues regarding the withheld benefits, the petitioner brough this issue to the Court for a second time. On December 19, 2023, the petitioner filed for extraordinary relief in the form of a writ of mandamus. Over a year later, on January 17, 2025, the petitioner filed a motion to withdraw the petition due to the VA reimbursing her the agreed amount of familial benefits. The Court granted this petition.