No. 21-7787

Faith M. Hibbard v. Denis R. McDonough, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2022-05-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law civil-procedure claim-filing due-process procedural-law service-connected-disability standing statutory-interpretation veterans-benefits
Key Terms:
Environmental Securities
Latest Conference: 2022-06-09
Question Presented (AI Summary)

Whether the court erred in denying benefits based on a hypothetical-entitlement-theory

Question Presented (from Petition)

QUESTION(S) PRESENTED QUESTION: 1. Whether the court erred in denying benefits based on a theory, called “hypothetical entitlement theory” that has no section or definition under the United States Code Section 38, Veterans Benefits or Code of Federal Regulations Title 38 Pensions, Bonuses, and Veterans’ Relief Chapter 1 Part 3 Adjudication? QUESTION: 2. Whether the court erred in refusing to apply, Henderson v. Shinseki, 562 U.S. 428 (2011) that explains procedural law and substantive law of filing an “initial claim” for service-connected disability(ies)? QUESTION: 3 ——Whether the court erred in applying an administrative agencies interpretation of a federal statute in this case VA’s interpretation of the statute 38 US.C. § 1311(a)(2), that the Court admits is ambiguous? QUESTION: 4. Whether the court erred in applying “the veteran had to file a claim during the veteran’s lifetime” then benefits would have been granted under | | United States Code Section 38 Veterans Benefits for the “enhanced” for dependency | and indemnity benefit, although the veterans death was service-connected and the disability caused the death? | |

Docket Entries

2022-06-13
Petition DENIED.
2022-05-25
DISTRIBUTED for Conference of 6/9/2022.
2022-05-19
Waiver of right of respondent McDonough, Denis R. to respond filed.
2022-03-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 6, 2022)

Attorneys

Faith Hibbard
Faith M. Hibbard — Petitioner
Faith M. Hibbard — Petitioner
McDonough, Denis R.
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent