No. 20-1691

Paul E. Robinson v. Denis R. McDonough, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2021-06-07
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law auer-deference constitutional-rights due-process equal-protection judicial-review veterans-benefits
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Did the court of appeals violate constitutional rights of the veteran?

Question Presented (from Petition)

QUESTIONS PRESENTED Congress has established a veteranbenefits system that is uniquely pro-claimant. In ; veterans-benefit cases, every statutory and | | regulatory presumption falvors|the veteran, this | includes (Fed Cir. 2009) finding that “Veteran’s disability benefits are non-discretionary, statutorily mandated benefits.” These values and requirements are intendent to be monitored and maintained thru the process of appeal by the veteran thru the creation under articlel of the constitution of the Court of appeals for Veterans claims. The questions ; presented are: 1) Did the court of appeals violate constitutional rights of “Due process” and “Equal protection” when it deferred to the BVA and failed to review according to 38 U.S.C#7261 as petitioned by the veteran. 2) Whether the court of appeals erred in accepting a JMR that was rejected by the veteran, leading to the abandonment of issues favorable to the veteran. . 3) Should “Auer Deference” be repealed when it leads to abuse of discretion.

Docket Entries

2021-10-04
Petition DENIED.
2021-07-07
DISTRIBUTED for Conference of 9/27/2021.
2021-07-02
Waiver of right of respondent McDonough, Denis to respond filed.
2021-06-03
Petition for a writ of certiorari filed. (Response due July 7, 2021)

Attorneys

McDonough, Denis
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent
Paul E. Robinson
Paul E. Robinson — Petitioner
Paul E. Robinson — Petitioner