Cushman v. Shinseki

Philip Cushman, a Vietnam veteran, sought total-disability benefits from the Department of Veterans Affairs based on worsening spinal injuries. He discovered that a medical record the DVA held had been altered to understate his disability. He challenged the benefits denial, arguing the decisions rested on altered records in violation of due process.

Whether a veteran applying for non-discretionary, statutorily mandated disability benefits has a property interest protected by the Due Process Clause of the Fifth Amendment.