Paul E. Robinson v. Denis R. McDonough, Secretary of Veterans Affairs
AdministrativeLaw DueProcess
Did the court of appeals violate constitutional rights of the veteran?
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 . 3) Should “Auer Deference” be repealed when it leads to abuse of discretion.