Ernest L. Francway, Jr. v. Robert Wilkie, Secretary of Veterans Affairs
AdministrativeLaw SocialSecurity JusticiabilityDoctri
Whether the court of appeals erred in holding that the VA enjoys a presumption that its medical examiner is competent in every veterans-benefit case
QUESTIONS PRESENTED Congress has established a _ veterans-benefits system that is uniquely pro-claimant. In veteransbenefit cases, every statutory and _ regulatory presumption favors the veteran over the Department of Veterans Affairs. Despite this, the Federal Circuit has created a “presumption of competency” that allows the VA and its reviewing courts to presume that VA medical examiners are competent unless the veteran articulates a specific reason to believe otherwise. The questions presented are: 1. Whether the court of appeals erred in holding that the VA enjoys a presumption that its medical examiner is competent in every veterans-benefit case. 2. Whether the court of appeals erred in expanding the presumption of competency so that the VA and reviewing courts presume, not only that VA medical examiners are competent, but also that they are specialists in the relevant area of medicine. ii STATEMENT OF RELATED CASES Pursuant to Supreme Court Rule 14.1(b)(iii), counsel for Petitioner states that it is not aware of any proceedings directly related to the case in this Court.