Military-Veterans Advocacy Inc. v. McDonough

Fed. Cir.

Question(s) Presented

1. “Whether the Federal Circuit’s Decision Warrants Certiorari When the ‘Airspace’ Rule was upheld despite its conflict with the Convention on International Civil Aviation, T.I.A.S. No. 1591, arts. 1-2 (Dec. 7, 1944) (Chicago Convention).”

2. “Whether a Proper Construction of the BWN Act Warrants Certiorari when the Federal Circuit’s decision and the VA’s BWN Rule conflicts with the plain statutory language and departs from the plain meaning of the Agent Orange Act and the Federal Circuit’s Own decision inĀ Procopio v. Wilkie, 913 F.3d 1371 (Fed. Cir. 2019) (en banc).”

3. “Whether the Secretary conducted a flawed interpretation of the Agent Orange Act contrary to its own established precedent and in contravention of the pro-veteran/pro-claimant canon of construction[.]”

Posts About this Case

Proceedings and Orders
October 16, 2023
Motion to extend the time to file a response is granted and the time is extended to and including December 13, 2023.
December 27, 2023
DISTRIBUTED for Conference of 1/12/2024.
January 16, 2024
Petition DENIED.