What does Hubbell v. VA (CAVC 24-9605) mean for my claim if VA never told me about a predetermination hearing?

This is a Court of Appeals for Veterans Claims order, not a final ruling on the merits of anyone's disability claim. Annette Hubbell, substituting for her late husband's hearing loss and tinnitus claims, asked the Court to certify a nationwide class of veterans who "did not receive notice of their right to a predetermination hearing before the VA agency of original jurisdiction (AOJ)." The Court denied that request, stating plainly that "because appellant has not met her burden of establishing that class certification is warranted, we will deny the RCA."

Importantly, the Court explicitly said it is not yet deciding whether Hubbell's own underlying denial of hearing loss and tinnitus benefits was wrong: "We do not address the merits of appellant's appeal in this decision. We will do so in a separate decision in due course." So this order tells you nothing yet about whether missing hearing-right notice will actually overturn any individual claim, including Hubbell's own.

The background facts are still worth knowing if you filed a supplemental claim recently. VA's standard notice document, Form 20-0998 ("Your Right To Seek Review Of Our Decision"), sent with both the tinnitus denial in February 2024 and the hearing loss denial in April 2024, apparently "does not include any information about obtaining a hearing in connection with submitting a supplemental claim, including a right to request such a hearing." That is a factual observation in the order, not yet a legal ruling that this omission is unlawful or that it entitles anyone to a new hearing or reopened claim.

The source text does not say when or how the Court will rule on the merits of Hubbell's individual appeal, does not say whether other veterans can still raise the same notice argument on their own, and does not address retroactivity, effective dates, or back pay in any way. Because class certification was denied, there is no automatic relief for anyone else based on this order alone.

If you have a pending or recently denied VA claim and never received notice of a right to a predetermination hearing when submitting a supplemental claim, raise that specific argument yourself in your Notice of Disagreement or Board appeal rather than waiting on this case, and watch for the Court's later merits decision in Hubbell for any guidance that might apply to your situation.