“Congress has established a veterans-benefits system that is uniquely pro-claimant. In veterans benefit cases, every statutory and regulatory presumption favors the veteran over the Department of Veterans Affairs. Despite this, the Federal Circuit has created a ‘presumption of competency’ that allows the VA and its reviewing courts to presume that VA medical examiners are competent unless the veteran articulates a specific reason to believe otherwise. The questions presented are:
1. Whether the court of appeals erred in holding that the VA enjoys a presumption that its medical examiner is competent in every veterans-benefit case.
2. Whether the court of appeals erred in expanding the presumption of competency so that the VA and reviewing courts presume, not only that VA medical examiners are competent, but also that they are specialists in the relevant area of medicine.”
