Cushman v. Shinseki
United States Court of Appeals for the Federal Circuit
576 F.3d 1290 (2009)
A veteran applying for non-discretionary, statutorily-mandated disability benefits has a property interest protected by the due process clause of the Fifth Amendment.
Relevant Facts
Philip Cushman, a Vietnam War veteran, claimed total disability benefits from the Department of Veterans Affairs (DVA), based on worsening spinal injuries. He discovered that his medical record held by the DVA was altered, understating his disability. Cushman challenged the denial of benefits, alleging the decisions were based on altered records, violating his due process rights.
Issue
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Holding & Reasoning
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Concurrence
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Dissent
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Last updated:
December 8, 2023
Judicial Opinion
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Procedural History
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Citations
576 F.3d 1290 (2009)