Supreme Court to Address Veterans' Rights in Landmark Disability Claims Case

Oral arguments are scheduled to be presented before the Supreme Court of the United States on Wednesday in a case that has the potential to alter the way the Department of Veterans Affairs (VA) handles disability claims. The "benefit of the doubt" rule is at the heart of Bufkin v. McDonough. This rule has been around for a long time and is intended to provide veterans an advantage in situations when the evidence in a benefits claim is balanced.

‍

Joshua Bufkin, a veteran of the Air Force, and Norman Thornton, a veteran of the Army, filed this lawsuit after the Department of Veterans Affairs first rejected their claims for service-connected illnesses due to post-traumatic stress disorder (PTSD). These denials were affirmed by the Veterans Court, which prompted Bufkin and Thornton to claim that the Veterans Administration and the courts have been implementing the federal rule that is intended to assist veterans incorrectly.

‍

Over the course of more than a century, veterans have been granted the "benefit of the doubt" on any contentious matters that are associated with various benefits tied to their military service. The regulation, which was adopted in 1988, provides that the Veterans Affairs (VA) must find in favor of the veteran if the evidence of both sides is equally balanced. In their argument, the plaintiffs contend that recent interpretations by the Federal Circuit have diminished the value of this benefit, which has resulted in unwarranted denials and protracted delays.

‍

The Biden administration maintains that the decisions made by the Department of Veterans Affairs (VA) are factual determinations and that they should only be reversed if there are obvious errors. On the other hand, advocates such as the National Veterans Legal Services Program (NVLSP) suggest that the statute should be subjected to a more comprehensive assessment by the Veterans Court. This would allow the Veterans Court to serve veterans better and reduce the amount of time it takes to appeal decisions.

‍

The outcome of this case may have a substantial impact on the way disability claims are processed and evaluated, which could be to the advantage of thousands of veterans who are currently waiting for decisions.

‍