No. 23A343

David Forsythe v. Denis R. McDonough, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2023-10-17
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: administrative-procedure agency-regulation notice-requirement statutory-interpretation veterans-claims veterans-disability-benefits
Latest Conference: N/A
Question Presented (from Petition)

Question not identified.

Question Presented (AI Summary)

Whether the Department of Veterans Affairs must provide individualized notice tailored to a veteran's specific claim, accounting for information previously submitted, when the agency receives a complete or substantially complete disability benefits application, as required by 38 U.S.C. § 5103(a)(1) and 38 C.F.R. § 3.159(b)(1), or whether pre-application generic notice satisfies the statutory and regulatory requirements

Docket Entries

2023-10-17
Application (23A343) granted by The Chief Justice extending the time to file until January 16, 2024.
2023-10-13
Application (23A343) to extend the time to file a petition for a writ of certiorari from December 4, 2023 to January 16, 2024, submitted to The Chief Justice.

Attorneys

David Forsythe
Melanie Lynn BostwickOrrick, Herrington & Sutcliffe LLP, Petitioner
Denis McDonough, Secretary of Veterans Affairs
Elizabeth B. PrelogarSolicitor General, Respondent