Justices Reject Veterans’ Review Standard for Benefit Appeals

The US Supreme Court ruled for the government in a fight over the standard a veterans’ appeals court must follow when reviewing a denied claim for disability benefits.

In a 7-2 decision Wednesday, the court’s majority said the U.S. Court of Appeals for Veterans Claims only has to look only at whether the government clearly erred in denying the claim.

“We hold that the VA’s determination that the evidence is in approximate balance is a predominantly factual determination reviewed only for clear error,” Justice Clarence Thomas wrote for the majority.

Two veterans argued the court must look separately at whether the veteran was given the benefit-of-the-doubt in cases that are close calls.

The case centers on Joshua Bufkin and Norman Thornton. Bufkin, who served in the US Air Force, was denied disability benefits for post traumatic stress disorder.

Norman Thornton, who provided life-saving first aid to injured soldiers in the US Army during the first Gulf War, was denied his claim for a higher disability rating for PTSD that would have increased and potentially extended his benefits.

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