Whether the presumption of regularity violates due process

question presented are: 1. Whether, the appellant has demonstrated that [the]presumption of regularity operates to violate his 1 | ii right to due process, of which a judge-made presumption of regularity allows for the Government to affirm the Board’s decision, despite their findings to the contrary? 2. Whether, the veteran in his timely filing of the 2018 VA Form 9 rebutting the June 2015 untimely . decision was denied his procedural due process under 38 U.S.C. § 7104(a) and 38 U.S.C. § 5103A, The VA’s statutory “duty to assist” must extend this liberal reading to include issues raised in all documents or oral testimony submitted prior to the BVA decision. 8. When the Veterans Court applies FRE 201 [adjudicated facts] in one class and denies a FRE 201 in another class [similarly situated] a violation of rule of law? 4. Whether, In the Federal Circuit, a request for Judicial Notice of Adjudicated Facts is a mandatory requirement under FRE 201? ; iii LIST OF PROCEEDINGS. DIRECT PROCEEDINGS United States Court of Appeals for the Federal Circuit : No. 2022-1618 Robert Thornton, Claimant-Appellant, v. . Denis McDonough, Secretary of Veterans Affairs, Respondent-Appellee Date of Final Opinion: October 17, 2022 Date of Rehearing Denial: December 6, 2022 United States Court of Appeals for Veterans Claims No. 19-7749 Robert Thornton, Appellant, v. Denis McDonough, Secretary of Veterans Affairs, Appellee Date of Final Order: December 21, 2021