Faith M. Hibbard v. Denis R. McDonough, Secretary of Veterans Affairs
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?
Whether the court erred in denying benefits based on a hypothetical-entitlement-theory