1. “Whether a catastrophically disabled veteran facing imminent, life threatening harm is entitled to mandamus relief under Martin v. O’Rourke when a government agency has unreasonably delayed implementation of a final Board grant for over 1,185 days, no appellate remedy exists, and all Martin factors for unreasonable delay are overwhelmingly satisfied.”
2. “Whether the Federal Circuit violated its own precedent in Cushman v. Shinseki by permitting the Veterans Affairs agency to maintain in a veteran’s file a tainted document-containing demonstrably false statements used to deny disability benefits-which the agency has effectively admitted is false, but refuses to remove absent a court order, thereby depriving the veteran of due process.”
