Frederick v. McDonough

 
DOCKET NO.
OP. BELOW
SUBJECT
Pro Se

Question(s) Presented

1. “The SHA medical exam is required at discharge by the [Department of Defense 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?”

2. “If there is Spoliation of favorable evidence, how is ‘Benefit of the Doubt’ under 38 U.S.C. [§] 5107 evenly balanced?”

3. “When the VA has proof of unemployability and denies a claim . . . [, h]as the VA just violated the Veteran[’s] 14th Amendment, Equal Protection Clause . . . [and] Due Process Rights under the Constitution?”

4. “Under 38 U.S.C. [§] 5103A, [w]hen [the] VA does not schedule an examination or help find missing records, could this be considered Fraudulent Concealment?”

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

6. “Is it possible for 42 U.S.C. [§] 1983, Equitable Estoppel and a Medical Malpractice Tort claim to be used in the same case?”

Posts About this Case

Date
Proceedings and Orders
November 27, 2024
DISTRIBUTED for Conference of 12/13/2024.
December 16, 2024
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.