Pride v. McDonough

Pro Se

Question(s) Presented

“A special provision, 38 C.F. R. § 3 157, (Authority 38 U.S. Code § 5108), effectively makes a VA medical record itself an informal claim that can be raised either by filing [a motion] to reverse a medical decision associated with the medical record or by filing a supplemental claim. Corner v. Peake, 552 F. 3d 1362 (Fed. Cir. 2009) [and] Andrew v. Nicholson, 421 F. 3d 1278, 1283 (Fed. Cir. 2005), are Court provisions that make it an obligation for VA to ensure that a veteran who is appearing pro se receives due process of law and equal protection of the law, which the above Court provisions require the VA to do by obligating VA to examine all claims found in the medical record to ensure that the correct claim is raised for a veterans who is proceeding pro se. At what point [of not] obeying those Court provisions can it be said that VA failed in its obligation to ensure due process of the law and equal protection of the law for a veteran who files a submission pro se?”

Posts About this Case

Proceedings and Orders
March 3, 2022
DISTRIBUTED for Conference of 3/18/2022.
March 21, 2022
Petition DENIED.