Court of Appeals for the Federal Circuit August 19, 2016, 2015-7094 (Mathis v. McDonald)

REYNA, Circuit Judge,

with whom NEWMAN and WALLACH, Circuit Judges, join,

dissenting from denial of rehearing en banc.

In declining to undertake an en banc review, the court leaves in place a judicially created evidentiary presumption that in application denies due process to veterans seeking disability benefits.