No. 21-7787

Faith M. Hibbard v. Denis R. McDonough, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2022-05-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law civil-procedure claim-filing due-process procedural-law service-connected-disability standing statutory-interpretation veterans-benefits
Latest Conference: 2022-06-09
Question Presented (from Petition)

QUESTION: 1. Whether the court erred in denying benefits based on a theory, called "hypothetical entitlement theory " that has no section or definition under the United States Code Section 38, Veterans Benefits or Code of Federal Regulations Title 38 Pensions, Bonuses, and Veterans ' Relief Chapter 1 Part 3 Adjudication?

QUESTION: 2. Whether the court erred in refusing to apply, Henderson v. Shinseki, 562 U.S. 428 (2011) that explains procedural law and substantive law of filing an "initial claim " for service-connected disability(ies)?

QUESTION: 3 Whether the court erred in applying an administrative agencies interpretation of a federal statute in this case - VA's interpretation of the statute 38 U.S.C. § 1311(a)(2), that the Court admits is ambiguous?

QUESTION: 4. Whether the court erred in applying "the veteran had to file a claim during the veteran 's lifetime " then benefits would have been granted under United States Code Section 38 Veterans Benefits for the "enhanced " for dependency and indemnity benefit, although the veterans death was service-connected and the disability caused the death?

Question Presented (AI Summary)

Whether the court erred in denying benefits based on a hypothetical-entitlement-theory

Docket Entries

2022-06-13
Petition DENIED.
2022-05-25
DISTRIBUTED for Conference of 6/9/2022.
2022-05-19
Waiver of right of respondent McDonough, Denis R. to respond filed.
2022-03-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 6, 2022)

Attorneys

Faith Hibbard
Faith M. Hibbard — Petitioner
McDonough, Denis R.
Elizabeth B. PrelogarSolicitor General, Respondent