Legal Opinion

Cushman v. Shinseki

Court of Appeals for the Federal Circuit

Decided August 12, 2009No. 19-1917PublishedCited by 107 opinions

1Opinion of the Court

PROST, Circuit Judge.

This case involves an alleged violation of a veteran’s right to due process under the Fifth Amendment to the United States Constitution, where the medical record on which his service-connected disability claim was evaluated contained an improperly altered document. In contending that a veteran has a protected property interest requiring fair adjudication of his claim for disability benefits, the Appellant raises a constitutional issue of first impression for this court. For the reasons discussed below, we find that a veteran alleging a service-connected disability has a…

2Cases cited31 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Richardson v. PeralesSupreme Court of the United States · 1971
  3. Mathews v. EldridgeSupreme Court of the United States · 1976
  4. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  5. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950

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3Cited by107 opinions

  1. Dixon v. ShinsekiCourt of Appeals for the Federal Circuit · 2014
  2. Martin v. O'RourkeCourt of Appeals for the Federal Circuit · 2018
  3. Sneed v. ShinsekiCourt of Appeals for the Federal Circuit · 2013
  4. Goodman v. ShulkinCourt of Appeals for the Federal Circuit · 2017
  5. Veterans for Common Sense v. Eric K. ShinsekiCourt of Appeals for the Ninth Circuit · 2011

102 more not listed; retrieve them via the Exa API.

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