Gaylord v. McDonough

Pro Se

Question(s) Presented

  1. “Are Veterans’ benefits a property right/interest protected under the United States Constitution, Fifth Amendment.”
  2. “Can 38 U.S.C. Sec. 7291 be used to thwart the Congressional intent of paternalistic, non adversarial VA proceedings.”
  3. “Can the Regional Office RO use [its] arbitrary, subjective discretion in deciding veterans benefits (disability) claims.”
  4. “Are the VA’s, that is, the RO and the Board[‘]s rules and regulations binding[;] must they be followed by the VA.”
  5. “Is the RO, Board, Veterans Court, Federal Circuit, each respectively allowed to ignore veterans benefits if the benefits are statutorily mandated and nondiscretionary in nature.”
  6. “Is the narrow limited jurisdiction of the Federal Circuit’s 38 U.S.C. Sec. 7292(d)(1), (d)(2) ‘threshold’ of allowing veterans benefits claims as discretion of what ‘in name only’ and what[‘]s ‘free standing’ (separate) a violation of the United States Constitution, Fifth Amendment and/or the Congressional intent.”
  7. “That there is conflict in this petitioner’s ‘Constitutional challenge’ and those of the Federal Circuit’s holdings in Cushman and Hudick.”
  8. “This petitioner contend[s] that the veteran benefits (disability) rights are very important to the honorably served veterans and their families, public policy and society-at-large.”

Posts About this Case

Proceedings and Orders
December 30, 2021
DISTRIBUTED for Conference of 1/14/2022.
January 18, 2022
Petition DENIED.
April 6, 2022
DISTRIBUTED for Conference of 4/22/2022.
April 25, 2022
Rehearing DENIED.