No. 23-178

Peter Van Dermark v. Denis R. McDonough, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2023-08-25
Status: Denied
Type: Paid
Amici (3) Experienced Counsel
Tags: emergency-medical-treatment federal-circuit-review geographic-limitation presumption-against-implied-repeals reimbursement reimbursement-rights statutory-interpretation veterans-affairs veterans-benefits
Latest Conference: 2024-01-05
Question Presented (from Petition)

Whether eligible veterans are entitled to reimbursement of out-of-pocket costs incurred while receiving emergency treatment abroad based on the specific commands in 38 U.S.C. §§ 1728 & 1725.

Question Presented (AI Summary)

Whether eligible veterans are entitled to reimbursement of out-of-pocket costs incurred while receiving emergency treatment abroad

Docket Entries

2024-01-08
Petition DENIED.
2023-12-13
DISTRIBUTED for Conference of 1/5/2024.
2023-12-12
2023-11-27
Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs in opposition filed.
2023-10-11
Motion to extend the time to file a response is granted and the time is further extended to and including November 27, 2023.
2023-10-10
Motion to extend the time to file a response from October 25, 2023 to November 27, 2023, submitted to The Clerk.
2023-09-25
2023-09-22
2023-09-21
Brief amicus curiae of Betty and Michael D. Wohl Veterans Legal Clinic at Syracuse University College of Law filed.
2023-09-19
Motion to extend the time to file a response is granted and the time is extended to and including October 25, 2023.
2023-09-18
Motion to extend the time to file a response from September 25, 2023 to October 25, 2023, submitted to The Clerk.
2023-08-22
Petition for a writ of certiorari filed. (Response due September 25, 2023)
2023-07-07
Application (23A12) granted by The Chief Justice extending the time to file until August 22, 2023.
2023-07-05
Application (23A12) to extend the time to file a petition for a writ of certiorari from July 23, 2023 to August 22, 2023, submitted to The Chief Justice.

Attorneys

Betty and Michael D. Wohl Veterans Legal Clinic at Syracuse University College of Law
Elizabeth Garrison KubalaSyracuse University College of Law, Amicus
McDonough, Denis
Elizabeth B. PrelogarSolicitor General, Respondent
Military-Veterans Advocacy, et al.
Melanie Lynn BostwickOrrick, Herrington & Sutcliffe LLP, Amicus
Peter Van Dermark
Thomas Glenn SaundersWilmer Cutler Pickering Hale and Dorr LLP, Petitioner
Veterans' Advocacy Law Clinic, University of Arizona James E. Rogers College of Law
Kristine A. HuskeyVeterans' Advocacy Law Clinic, Amicus