Paul E. Robinson v. Denis R. McDonough, Secretary of Veterans Affairs

Congress has established a veteran- benefits system that is uniquely pro-claimant. In veterans-benefit cases, every statutory and regulatory presumption fajvors lthe veteran, this includes (Fed Cir. 2009) finding that “Veteran’s disability benefits are non-discretionary, statutorily mandated benefits.” These values and requirements are intendent to be monitored and maintained thru the process of appeal by the veteran thru the creation under article 1 of the constitution of the Court of appeals for Veterans claims. The questions presented are:

1. Did the court of appeals violate constitutional rights of “Due process” and “Equal protection” when it deferred to the BVA and failed to review according to 38 U.S.C.#7261 as petitioned by the veteran.

2. Whether the court of appeals erred in accepting a JMR that was rejected, by the veteran, leading to the abandonment of issues favorable to the veteran. • 3) Should “Auer Deference” be repealed when it leads to abuse of discretion.