Thomas C. Leavey, Jr. v. Robert A. McDonald

GREENBERG, Judge:

I dissent. At issue in this case was a veteran-friendly regulation, consistent with Congressional intent as old as the Republic.3 See Hayburn’s Case, 2 U.S. (2. Dall.) 409, 410 n. *, 1 L.Ed. 436 (1792) (“[T]he objects of this act are exceedingly benevolent, and do real honor to the humanity and justice of Congress.”); see 1 Stat. 243 (“An Act to provide for the settlement of the Claims of Widows and Orphans barred by the limitations heretofore established, and to regulate the Claims to Invalid Pensions.”). This veteran died while seeking the hearing before the Board that he…