Forsythe v. McDonough
Petition for certiorari denied on April 29, 2024
Issues: (1) Whether the U.S. Court of Appeals for the Federal Circuit misinterpreted 38 U.S.C. § 5103(a)(1) to allow the Department of Veterans Affairs to issue evidentiary notice only before receiving a veteran’s claim, even though the statute requires notice that accounts for evidence “not previously provided to the Secretary that is necessary to substantiate the claim”; and (2) whether the Federal Circuit violated the longstanding doctrine of Accardi v. Shaughnessy by permitting the VA to violate its own regulation on the ground that the agency’s noncompliance cannot be “prejudicial” to veterans.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Oct 13 2023 | Application (23A343) to extend the time to file a petition for a writ of certiorari from December 4, 2023 to January 16, 2024, submitted to The Chief Justice. |
| Oct 17 2023 | Application (23A343) granted by The Chief Justice extending the time to file until January 16, 2024. |
| Jan 16 2024 | Petition for a writ of certiorari filed. (Response due February 20, 2024) |
| Feb 12 2024 | Motion to extend the time to file a response from February 20, 2024 to March 21, 2024, submitted to The Clerk. |
| Feb 13 2024 | Motion to extend the time to file a response is granted and the time is extended to and including March 21, 2024. |
| Feb 20 2024 | Brief amicus curiae of Separation of Powers Clinic filed. |
| Feb 20 2024 | Brief amicus curiae of Military-Veterans Advocacy filed. |
| Feb 20 2024 | Brief amicus curiae of Swords to Plowshares filed. |
| Mar 21 2024 | Brief of respondent Denis McDonough, Secretary of Veterans Affairs in opposition filed. |
| Apr 08 2024 | Reply of petitioner David Forsythe filed. (Distributed) |
| Apr 10 2024 | DISTRIBUTED for Conference of 4/26/2024. |
| Apr 29 2024 | Petition DENIED. |