No. 23-543

Solena Y. Hampton v. Denis R. McDonough, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2023-11-21
Status: Denied
Type: Paid
Response Waived
Tags: 38-usc-7104 38-usc-7292 administrative-law chenery-doctrine fact-finding implicit-denial judicial-review statutory-interpretation va-benefits veterans-affairs veterans-claims
Latest Conference: 2024-01-05
Question Presented (from Petition)

When the VA fails to adjudicate the disposition of a claim for benefits, may a reviewing Court find that the VA meant to implicitly deny the claim, without running afoul of the Chenery Doctrine and further engaging in impermissible first-hand fact finding? And does the Federal Circuit's use of the implicit denial rule undermine and contradict the VA's statutory duty to provide a written statement of the reasons or bases for its findings and conclusions, that are adequate to enable an appellant to understand the precise basis for the Board's decision, as well as to facilitate review in a higher Court?

Question Presented (AI Summary)

When the VA fails to adjudicate a claim for benefits, may a reviewing Court find that the VA meant to implicitly deny the claim, without running afoul of the Chenery Doctrine and further engaging in impermissible first-hand fact finding?

Docket Entries

2024-01-08
Petition DENIED.
2023-12-13
DISTRIBUTED for Conference of 1/5/2024.
2023-12-11
Waiver of right of respondent McDonough, Denis to respond filed.
2023-11-16
Petition for a writ of certiorari filed. (Response due December 21, 2023)

Attorneys

McDonough, Denis
Elizabeth B. PrelogarSolicitor General, Respondent
Solena Hampton
Kenneth M. CarpenterCarpenter Chartered, Petitioner