No. 21-465
James L. Kisor v. Denis R. McDonough, Secretary of Veterans Affairs
Tags: administrative-law disability-benefits federal-circuit post-traumatic-stress-disorder pro-veteran-canon regulatory-interpretation service-records statutory-interpretation veterans-benefits
Latest Conference:
2022-01-07
Question Presented (from Petition)
Whether the term "relevant official service department records" in 38 C.F.R. § 3.156(c)(1)'s "reconsideration" provision encompasses all records that "go to a benefits criterion," or is instead restricted to only those records that "relate to the basis of the VA's initial denial of benefits." Kisor, 139 S. Ct. at 2423.
Question Presented (AI Summary)
Whether the term 'relevant official service department records' in 38 C.F.R. § 3.156(c)(1)'s 'reconsideration' provision encompasses all records that 'go to a benefits criterion,' or is instead restricted to only those records that 'relate to the basis of the VA's initial denial of benefits'
Docket Entries
2022-01-10
Petition DENIED.
2021-12-15
DISTRIBUTED for Conference of 1/7/2022.
2021-12-14
Reply of petitioner James L. Kisor filed. (Distributed)
2021-11-29
Brief of respondent Denis McDonough, Secretary of Veterans Affairs in opposition filed.
2021-10-21
Motion to extend the time to file a response is granted and the time is extended to and including November 29, 2021.
2021-10-20
Motion to extend the time to file a response from October 28, 2021 to November 29, 2021, submitted to The Clerk.
2021-09-24
Petition for a writ of certiorari filed. (Response due October 28, 2021)
Attorneys
Denis McDonough, Secretary of Veterans Affairs
Elizabeth B. Prelogar — Solicitor General, Respondent
James L. Kisor
Paul Whitfield Hughes — McDermott Will & Emery, Petitioner