London v. McDonough

 
DOCKET NO.
OP. BELOW
SUBJECT
Pro Se

Question(s) Presented

“Under 31 U.S.C. § 3702(b), ‘A claim against the Government presented under this section must . . . be received by the official responsible . . . for settling the claim or by the agency that conducts the activity from which the claim arises within 6 years after the claim accrues . . . .’ (emphasis added.) Veterans who miss the six-year statutory deadline even with service connected physical or mental impairment . . . are barred from recovering retroactive disability reaching beyond six years backwards from the original date of application where the retiree meets all eligibility requirements. In Cushman, the Federal Circuit held ‘Veteran’s disability benefits are nondiscretionary, statutorily mandated benefits . . . . We conclude that such entitlement to benefits is a property interest protected by the Due Process Clause of the Fifth Amendment to the United States Constitution.’ Cushman v. Shinseki, 576 F.3d (Fed. Cir. 2009). Despite the unresolved issues present[ed], the Federal Circuit held Mr. London had received the relief sought.”

“The questions presented are:”

1. “Does Cushman’s determination of the constitutional duty to protect a veteran’s property rights apply to the six-year statutory deadline in 31 U.S.C. § 3702(b) for seeking retroactive benefits, and, if so, are the Government’s challenged actions lawful?”

2. “Because 31 U.S.C. § 3702(b) limits retroactive benefits to a six-year statutory deadline, to what extent is the Government liable for avoidable damages resulting from its actions prior to and following the expiration of the statutory deadline.”

Posts About this Case

Date
Proceedings and Orders
December 22, 2022
DISTRIBUTED for Conference of 1/6/2023.
January 9, 2023
Petition DENIED.