Rezba v. Collins
CourtCourt of Appeals for the Federal Circuit
Date FiledNovember 9, 2026
Docket26-1481
StatusUnpublished
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Full Opinion
Case: 26-1481 Document: 16 Page: 1 Filed: 11/09/2026
NOTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
MICHAEL REZBA,
Claimant-Appellant
v.
DOUGLAS A. COLLINS, SECRETARY OF
VETERANS AFFAIRS,
Respondent-Appellee
______________________
2026-1481
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 25-9987, Judge Joseph L. Toth.
______________________
Decided: November 9, 2026
______________________
MICHAEL BRIAN REZBA, Maggie Valley, NC, pro se.
MEREDYTH COHEN HAVASY, Commercial Litigation
Branch, Civil Division, United States Department of Jus-
tice, Washington, DC, for respondent-appellee. Also repre-
sented by ELIZABETH MARIE HOSFORD, PATRICIA M.
MCCARTHY, BRETT SHUMATE; BRIAN D. GRIFFIN, RICHARD
STEPHEN HUBER, Office of General Counsel, United States
Department of Veterans Affairs, Washington, DC.
______________________
Case: 26-1481 Document: 16 Page: 2 Filed: 11/09/2026
2 REZBA v. COLLINS
Before HUGHES, SCHALL, and STARK, Circuit Judges.
PER CURIAM.
Michael Rezba appeals an order of the United States
Court of Appeals for Veterans Claims denying his petition
for a writ of mandamus. Rezba v. Collins, No. 25-9987, 2026
WL 194150 (Vet. App. Jan. 23, 2026). Because Mr. Rezba
fails to present a non-frivolous legal question on appeal, we
dismiss.
I
In October 2025, Mr. Rezba filed a claim for permanent
left foot/ankle disability benefits. He asserted that his dis-
ability was caused by negligent medical care and fraud at
the Department of Veterans Affairs (VA) outpatient clinic
in Mayaguez, Puerto Rico and at the VA medical center in
San Juan. 1
The next month, Mr. Rezba petitioned the Veterans
Court for a writ of mandamus. He alleged that after he filed
his claim for benefits, he sent documents to the Secretary
of the VA “proving the felony fraud” at the Mayaguez and
San Juan facilities. Appx. 12–13. 2 He also allegedly asked
the Secretary to transfer his claim to a different VA re-
gional office. Yet despite his request, the San Juan regional
office began processing his claim. Mr. Rezba accordingly
sought various forms of relief from the Veterans Court. He
1 Mr. Rezba brought his claim under 38 U.S.C. § 1151,
which generally entitles a veteran to receive benefits for
disabilities caused by VA’s “carelessness, negligence, lack
of proper skill, error in judgment, or similar instance of
fault” in furnishing medical care to the veteran.
2 Appx. refers to the Appendix attached to Respond-
ent’s brief. ECF No. 11.
Case: 26-1481 Document: 16 Page: 3 Filed: 11/09/2026
REZBA v. COLLINS 3
asked the Veterans Court to transfer his claim to a “neu-
tral” VA regional office. Appx. 13. And he requested that
the Veterans Court grant “interim” benefits pending VA’s
final resolution of his claim. Appx. 13.
In January 2026, the Veterans Court denied
Mr. Rezba’s mandamus petition. The Veterans Court found
that he failed to meet the requirements for mandamus be-
cause he had adequate alternative means to obtain relief.
See Cheney v. U.S. Dist. Ct. for D.C., 542 U.S. 367, 380–81
(2004) (citation omitted) (explaining that for any court to
grant a writ of mandamus, the petitioner “must have no
other adequate means to attain” the desired relief). That
was because when Mr. Rezba filed his petition, VA had not
yet denied his claim for benefits. If VA did so, he could ap-
peal that denial to the Board of Veterans’ Appeals. 3
On February 20, 2026, the Veterans Court entered
judgment. Mr. Rezba timely appeals.
II
Our jurisdiction to review decisions by the Veterans
Court is limited. We must “decide all relevant questions of
law, including interpreting constitutional and statutory
provisions.” 38 U.S.C. § 7292(d)(1). But absent a constitu-
tional issue, we cannot “review (A) a challenge to a factual
determination, or (B) a challenge to a law or regulation as
applied to the facts of a particular case.” Id. § 7292(d)(2).
And we cannot review a Veterans Court decision whether
to grant a mandamus petition asserting a statutory claim
unless a “non-frivolous legal question” is properly pre-
sented. Beasley v. Shinseki, 709 F.3d 1154, 1158 (Fed. Cir.
2013)).
3 A few days after the Veterans Court issued its order,
the San Juan regional office denied Mr. Rezba’s benefits
claim.
Case: 26-1481 Document: 16 Page: 4 Filed: 11/09/2026
4 REZBA v. COLLINS
On appeal, Mr. Rezba faults the Veterans Court for not
addressing the “bad faith actions” of the VA San Juan re-
gional office. Appellant Br. 2. This argument fails to pre-
sent a non-frivolous legal question. In denying Mr. Rezba’s
petition, the Veterans Court applied longstanding prece-
dent and found that Mr. Rezba could not “sidestep” VA’s
appellate process by seeking mandamus. Rezba, 2026 WL
194150, at *1. And on the merits, the Veterans Court found
that Mr. Rezba presented insufficient facts for obtaining
such extraordinary relief. Mr. Rezba identifies no legal er-
ror in these findings; he merely attacks the Veterans
Court’s application of the mandamus requirements to the
facts of his case. But this attack fails to present a non-friv-
olous legal question, and we thus cannot review the Veter-
ans Court’s decision.
III
We have considered Mr. Rezba’s remaining arguments
and find that none raises an issue within our limited juris-
diction. For these reasons, we dismiss Mr. Rezba’s appeal
for lack of jurisdiction.
DISMISSED
COSTS
No costs.