Veterans’ Disability Appeals Dispute Gets Supreme Court Review

The US Supreme Court agreed to consider if veterans are entitled to the benefit of the doubt when they’re appealing claims for disability benefits that were denied in close calls.

In an order Monday, the justices accepted an appeal from veterans of the US Air Force and Army who say their claims for compensation were denied despite medical evidence showing their conditions are connected to their military service.

Joshua Bufkin and Norman Thornton say the US Court of Appeals for Veterans Claims didn’t properly review whether Veterans Affairs (VA) and the Board of Veterans’ Appeals had given them the benefit-of-the-doubt. They say it’s required by federal law when there’s positive and negative evidence for a benefits claim.

The US Court of Appeals for the Federal Circuit said the veterans court didn’t have to consider that when hearing appeals of claims that are denied. The court said it only has to consider whether there was a clear error based on the VA’s factual findings.

The case is Bufkin v. McDonough, U.S., No. 23-713.