No. 21-6344

Joseph J. Snyder v. Denis R. McDonough, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2021-11-19
Status: Denied
Type: IFP
IFP
Tags: administrative-regulation amyotrophic-lateral-sclerosis department-of-veterans-affairs disability-benefits disability-compensation presumptive-service-connection regulatory-creation service-connection statutory-authority veterans-affairs veterans-benefits
Latest Conference: 2022-03-18
Question Presented (from Petition)

1. Whether the Secretary of Veteran Affairs' imposition of a length of service requirement for the presumption of service connection for ALS is counter to this Court's holdings in Motor Vehicles Mfrs. Ass'n v. State Farm Auto. Ins. Co., 463 U.S. 29 (1983) and its progeny, which require "reasoned rulemaking," showing a rational connection between the facts found and the choices made?

2. Whether the Secretary's insertion of a condition precedent related to length of service into an evidentiary presumption violated the Veterans Benefits Act of 1957, which revoked the VA's authority to define who is โ€“ and who is not โ€“ a veteran for disability benefits based on this specific precondition?

3. Whether the Federal Circuit's decision declaring the extensive breadth of the Secretary's general rulemaking authority opens the door for the VA to impose upon veterans other requirements that Congress has not authorized for the receipt of benefits?

Question Presented (AI Summary)

Whether the Department of Veterans Affairs exceeded its statutory authority in promulgating 38 C.F.R. ยง 3.318, which provides veterans with presumptive service connection for amyotrophic lateral sclerosis (ALS)

Docket Entries

2022-03-21
Petition DENIED.
2022-03-03
DISTRIBUTED for Conference of 3/18/2022.
2022-02-24
Waiver of the 14-day waiting period for distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
2022-02-18
Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs in opposition filed.
2022-01-18
Motion to extend the time to file a response is granted and the time is further extended to and including February 18, 2022.
2022-01-14
Motion to extend the time to file a response from January 19, 2022 to February 18, 2022, submitted to The Clerk.
2021-12-08
Motion to extend the time to file a response is granted and the time is extended to and including January 19, 2022.
2021-12-07
Motion to extend the time to file a response from December 20, 2021 to January 19, 2022, submitted to The Clerk.
2021-11-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2021)

Attorneys

Joseph J. Snyder, Sr.
Jennifer Ann ZajacParalyzed Veterans of America, Petitioner
McDonough, Denis
Elizabeth B. PrelogarSolicitor General, Respondent