D.Mont.: Def’s VA disability rating medical exam wasn’t a violation of the 4A

Defendant received VA benefits for 100% disability. A follow-up visit was required to verify and he failed to show. As a result, it was downgraded to 70% which was a loss of about 3/4ths of his benefits. He was told he could contest, and he did. A new examination was scheduled, and he appeared. He was indicted for fraud. He contests the examination under the Fourth Amendment, and the court finds that he can’t satisfy the first prong of the Katz test that he had a reasonable expectation of privacy in the examination that nobody could testify to it. United States v. Hughes, 2019 U.S. Dist. LEXIS 167127 (D. Mont. Sept. 27, 2019).