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Later-Changed Law at Heart of Supreme Court Benefits Case

Jan. 14, 2022, 9:16 PM

A former Marine seeking to revive his decades-old benefits claim convinced the U.S. Supreme Court to take up his case.

In the matter accepted by the justices on Friday, Kevin George says the Department of Veterans Affairs made a “clear and unmistakable error” in 1977 when it denied his claim based on an agency interpretation later invalidated by a federal court. George says that entitles him to reopen his case.

The question for the justices is whether the later decision was a determination about what the law always was—entitling George to relief—or merely a change in interpretation—which would cut off ...