… This Article concerns a recent and important development in the area of veterans‘ benefits determinations, one that has significant implications for both the practical workings of the process as well as for how we consider that system at a fundamental level. The CAVC‘s decisions may be appealed to the United States Court of Appeals for the Federal Circuit. 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. …
DUE PROCESS AND THE AMERICAN VETERAN: WHAT THE CONSTITUTION CAN TELL US ABOUT THE VETERANS‘ BENEFITS SYSTEM – PDF
Michael Allen
Published by University of Cincinnati College of Law Scholarship and Publications, 2012
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