No. 23A339

Norman F. Thornton v. Denis R. McDonough, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2023-10-16
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: 38-USC-7261 benefit-of-the-doubt-rule de-novo-review PTSD-disability-rating standard-of-review veterans-benefits
Latest Conference: N/A
Question Presented (from Petition)

Question not identified.

Question Presented (AI Summary)

Whether 38 U.S.C. § 7261(b)(1) requires the United States Court of Appeals for Veterans Claims to conduct de novo review of the Secretary of Veterans Affairs' application of the benefit-of-the-doubt rule under 38 U.S.C. § 5107(b), and whether the Veterans Court must sua sponte ensure that veterans have not been improperly denied the benefit of the doubt when evidence is in approximate balance

Docket Entries

2023-10-16
Application (23A339) granted by The Chief Justice extending the time to file until January 2, 2024.
2023-10-12
Application (23A339) to extend the time to file a petition for a writ of certiorari from November 7, 2023 to January 2, 2024, submitted to The Chief Justice.

Attorneys

Denis McDonough, Secretary of Veterans Affairs
Elizabeth B. PrelogarSolicitor General, Respondent
Norman F. Thornton
Melanie Lynn BostwickOrrick, Herrington & Sutcliffe LLP, Petitioner