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?”

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