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 (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

Question Presented (OCR Extract)

are of exceptional importance. The majority violated bedrock administrative law principles by effectively setting aside VA’s regulation as “outdated” and instructing the agency in a footnote to amend the regulation to match the majority’s view of how it should work. That ruling calls into question the legal force of properly promulgated regulations and the orderly relationship between agencie

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