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Cushman v. Shinseki, 576 F.3d 1290 (Fed. Cir. 2009)
In 2009, the Federal Circuit held in Cushman v. Shinseki that applicants for veterans‘ benefits have a constitutionally protected property interest in their application for benefits. Accordingly, such applicants are entitled to constitutionally prescribed procedures in connection with their claims for benefits under the terms of the Fifth Amendment to the United States Constitution. The Ninth Circuit also found that Mr. Cushman’s medical record had been [Read More…]