Steven L. London v. Denis R. McDonough, Secretary of Veterans Affairs
(1) Does Cushman's determination of the constitutional duty to protect a veteran's property rights apply to the six-year statutory deadline in 31 U.S.C. § 3702(b) for seeking retroactive benefits, and, if so, are the Government's challenged actions lawful?
(2) Because 31 U.S.C. § 3702(b) limits retroactive benefits to a six-year statutory deadline, to what extent is the Government liable for avoidable damages resulting from its actions prior to and following the expiration of the statutory deadline.
Does Cushman's determination of the constitutional duty to protect a veteran's property rights apply to the six-year statutory deadline in 31 U.S.C. § 3702(b) for seeking retroactive benefits, and, if so, are the Government's challenged actions lawful?