Burford Earl Frederick v. Douglas A. Collins, Secretary of Veterans Affairs
DueProcess FourthAmendment FifthAmendment
Whether a serviceman's overlooked SHA medical exam at discharge constitutes a Grave Prejudicial Error violating Due Process under the Fifth Amendment and the Equal Protection Clause
QUESTIONS PRESENTED The SHA medical exam is required at discharge by the D.O.D. AND THE DEPARTMENT ofVeterans Affairs. When a serviceman is overtooked, would this be 8 Grave Prejudicial Error and a violation of . the Due Process under the Fifth Amendment? : o lf there is Spotiation of favorable evidence, how is “Benefit of the Doubt” under 38 U.S.C. 5107 a evenly balanced? ; mc : : ; : When the VA has proof of unemployability and denies a claim. Has the VA just violated the Veterans 14" Amendment, Equal Protection Clause, also the Due Process Rights under the Constitution? ~ : : Under 38 U.S.C. 5103A, When VA does not schedule an examination or hetp find missing records, could this be considered Frauduient Concealment? . . ' Cana Veteran use the Continuing Violation Doctrine, in an Equitable Estoppet claim with alleged : unconstitutional conduct and intentional infliction of emotional stress ? 1S it possible for 42 U.S.C, 1983, Equitable Estoppel and a Medical Malpractice Tort claim to be used —— in the same case ? ; ae i. ona ~DYAN panties appear inthe caption of the ease onthe cover page: ‘ a _ 7” oe a & [J /AMl parties do not appear ini the ea tion of the © seh onthe eivatsjabec” Miskin: oS oo «all