NEW Must Watch Change to how claims will be weighted
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 Published On May 1, 2024

2024

Supreme Court to hear cases on veterans’ benefits next term impacting veterans benefits compensation disability.

The Supreme Court on Monday added cases to its calendar for the term beginning in October that deal with veterans’ benefits, civil liability, immigration visas and pet food consumed by a dog named Clinton and a cat named Sassie.

In a case that could have significant implications for those who serve in the military, the Supreme Court will weigh a matter involving two veterans who argue they were improperly denied medical benefits for treatment of post-traumatic stress disorder related to their service.

Joshua Bufkin, who served in the Air Force from 2005 to 2006, and Norman Thornton, who served in the Army on active duty from 1988 to 1991, say they should get care under a benefit-of-the-doubt rule that requires the Department of Veterans Affairs to provide access to treatment when it is a close call whether the applicant qualifies. Both cases had evidence for and against them receiving benefits.

The U.S. Court of Appeals for Veterans Claims denied their appeal for benefits, saying there was no error in applying the benefit-of-the-doubt rule.

When that decision was reviewed by the U.S. Circuit Court of Appeals for the Federal Circuit, the plaintiffs said the Court of Appeals ignored a 2002 law bolstering the veterans’ claims court “enforcement of the benefit-of-the-doubt rule” that could have cleared the way for them to get care. The Supreme Court will review the Court of Appeals interpretation of the 2002 law.

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