Mathis v. McDonald

HUGHES, Circuit Judge, with whom PROST, Chief Judge, LOURIE, O’MALLEY, TARANTO, and CHEN, Circuit Judges, join,

concurring in the denial of the petition for rehearing en banc.

I concur in the denial of the petition for rehearing en banc but write separately to note the limited nature of the rebuttable presumption and emphasize the VA’s obligations to develop the record and to assist the veteran. Those duties ensure that a veteran will have access to information regarding a medical examiner’s credentials when appropriate. And if the VA fails to properly fulfill these obligations, its decisions…