No. 24-5802

Burford Earl Frederick v. Douglas A. Collins, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2024-10-22
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: administrative-law constitutional-violation due-process equal-protection medical-examination veterans-rights
Latest Conference: 2025-02-21 (distributed 2 times)
Question Presented (from Petition)

The SHA medical exam is required at discharge by the D.O.D, AND THE DEPARTMENT of Veterans Affairs. When a serviceman is overlooked, would this be a Grave Prejudicial Error and a violation of the Due Process under the Fifth Amendment?

If there is Spoliation of favorable evidence, how Is "Benefit of the Doubt " under 38 U.S.C. 5107 evenly balanced?

When the VA has proof of unemployability and denies a claim. Has the VA just violated the Veterans 14th Amendment, Equal Protection Clause, also the Due Process Rights under the Constitution?

Under 38 U.S.C. 5103A, When VA does not schedule an examination or help find missing records, could this be considered Fraudulent Concealment?

Can a Veteran use the Continuing Violation Doctrine, in an Equitable Estoppel claim with alleged unconstitutional conduct and intentional infliction of emotional stress ?

is it possible for42 U.S.C, 1983, Equitable Estoppel and a Medical Malpractice Tort claim to be used in the same case ?

Question Presented (AI Summary)

Whether a serviceman's overlooked SHA medical exam at discharge constitutes a Grave Prejudicial Error violating Due Process under the Fifth Amendment and the Equal Protection Clause

Docket Entries

2025-02-24
Petition DENIED.
2025-01-30
DISTRIBUTED for Conference of 2/21/2025.
2024-12-31
Petitioner complied with order of December 16, 2024.
2024-12-16
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until January 6, 2025, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2024-11-27
DISTRIBUTED for Conference of 12/13/2024.
2024-11-21
Waiver of right of respondent McDonough, Denis to respond filed.
2024-08-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 21, 2024)

Attorneys

Burford Earl Frederick
Burford Earl Frederick — Petitioner
McDonough, Denis
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent