Supreme Court Rejects Broader Disability Review For Veterans

The U.S. Supreme Court ruled 7-2 that the Veterans Court does not have to re-examine all evidence when reviewing disability benefits denials. It can only overturn a decision if there is a clear mistake.

This standard was questioned by two veterans, Norman Thornton and Joshua Bufkin. Thornton, who served in the Gulf War, said that his PTSD disability rating should be higher. Doctors couldn’t agree on whether Bufkin was eligible for PTSD benefits, so he wasn’t given them.

Their lawyers said the case could have an effect on a lot of veterans. Along with Neil Gorsuch, Justice Ketanji Brown Jackson said the decision makes sure that the Veterans Court will keep giving in to the VA, even though Congress is trying to protect veterans.

Veterans’ groups supported the challenge, asserting that they have consistently received leniency when claiming disabilities. This was made clearer by Congress when it created the Veterans Court in 1988 and told it to follow this standard again in 2002.

Veterans, on the other hand, said the court was too kind to the VA. The federal government said that the Veterans Court’s job is to look over decisions for clear mistakes, not to look at the evidence again.

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