No. 21-7028

Fred Pride v. Denis R. McDonough, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2022-02-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law due-process equal-protection informal-claim medical-record pro-se pro-se-veteran va-medical-records veterans-affairs veterans-benefits
Key Terms:
DueProcess FourthAmendment FirstAmendment
Latest Conference: 2022-03-18
Question Presented (AI Summary)

Whether the VA failed to ensure due process and equal protection for a pro se veteran by not examining all claims found in the medical record

Question Presented (OCR Extract)

Questions Presented | (A) A special provision, 38 C.F. R. § 3 157, (Authority 38 U.S. Code § 5108), effectively makes a VA medical record itself an informal claim that can be raised either by filing an emotion to reverse a medical decision associated with the medical record or by filing a supplemental claim. | Corner v. Peake. 552 F. 3d 1362 (Fed. Cir. 2009); Andrew v. Nicholson. 421 F. 3d 1278. 1283. | (Fed. Cir. 2005), are Court provisions that make it an obligation for VA to ensure that a veteran who is appearing pro se receives due process of law and equal protection of the law, which the above Court provisions require the VA to do by obligating VA to examine all claims found in the medical record to ensure that the correct claim is raised for a veterans who is proceeding pro se. At what point does its lack of obeying those Court provisions can it be said that VA failed in its obligation to ensure due process of the law and equal protection of the law for a veteran who files a submission pro se? ii ; ll.

Docket Entries

2022-03-21
Petition DENIED.
2022-03-03
DISTRIBUTED for Conference of 3/18/2022.
2022-02-23
Waiver of right of respondent McDonough, Sec. of VA to respond filed.
2021-12-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 3, 2022)

Attorneys

Fred Pride
Fred Pride — Petitioner
Fred Pride — Petitioner
McDonough, Sec. of VA
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent