Search
Search | Sitemap Contact Sign Up

George v. McDonough

 
DOCKET NO.
21-234
OP. BELOW
Fed. Cir.
SUBJECT
Veterans

Question(s) Presented

“When the Department of Veterans Affairs (VA) denies a veteran’s claim for benefits in reliance on an agency interpretation that is later deemed invalid under the plain text of the statutory provisions in effect at the time of the denial, is that the kind of ‘clear and unmistakable error’ that the veteran may invoke to challenge VA’s decision?”

Posts About this Case

Date
Proceedings and Orders
August 13, 2021
Petition for a writ of certiorari filed. (Response due September 16, 2021)
August 24, 2021
Motion to extend the time to file a response from September 16, 2021 to October 18, 2021, submitted to The Clerk.
August 25, 2021
Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2021.
September 15, 2021
Amicus brief of Jeremy C. Doerre submitted.
September 16, 2021
Brief amicus curiae of Military-Veterans Advocacy filed.
October 5, 2021
Motion of Denis R. McDonough, Secretary of Veterans Affairs for an extension of time submitted.
October 6, 2021
Motion to extend the time to file a response is granted and the time is further extended to and including November 17, 2021.
November 8, 2021
Motion to extend the time to file a response from November 17, 2021 to December 8, 2021, submitted to The Clerk.
November 9, 2021
Motion to extend the time to file a response is granted and the time is further extended to and including December 8, 2021.
December 8, 2021
Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs in opposition filed.
December 20, 2021
Reply of petitioner Kevin R. George filed. (Distributed)
December 22, 2021
DISTRIBUTED for Conference of 1/7/2022.
January 10, 2022
DISTRIBUTED for Conference of 1/14/2022.
January 14, 2022
Petition GRANTED.
January 25, 2022
Motion of Kevin R. George to dispense with joint appendix submitted.
February 22, 2022
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
February 28, 2022
Brief of Kevin R. George submitted.
March 3, 2022
Amicus brief of Disabled American Veterans not accepted for filing. (March 03, 2022--Corrected version to be submitted)
March 3, 2022
Brief amicus curiae of Disabled American Veterans (3/3/2022) filed.
March 4, 2022
Amicus brief of National Law School Veterans Clinic Consortium submitted.
March 7, 2022
Amicus brief of Senators Ted Cruz and Mike Lee submitted.
March 7, 2022
Amicus brief of Military-Veterans Advocacy submitted.
March 7, 2022
Amicus brief of National Veterans Legal Services Program; National Organization of Veterans' Advocates; Paralyzed Veterans of America; Service Women's Action Network submitted.
March 7, 2022
Amicus brief of Swords to Plowshares and Vietnam Veterans of America submitted.
March 15, 2022
ARGUMENT SET FOR Tuesday, April 19, 2022.
March 16, 2022
Record requested from the U.S.C.A. Federal Circuit.
March 23, 2022
CIRCULATED
March 28, 2022
The record received from the U.S. Court of Appeals for Veterans Claims has been electronically filed.
March 30, 2022
Brief of Denis R. McDonough, Secretary of Veterans Affairs not accepted for filing. (April 01, 2022--Corrected brief and PDF to be submitted.)
April 1, 2022
Brief of Denis R. McDonough, Secretary of Veterans Affairs submitted.
March 30, 2022
Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs filed. (Distributed)
April 8, 2022
Reply of Kevin R. George submitted.
April 19, 2022
Argued. For petitioner: Melanie L. Bostwick, Washington, D. C. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
June 15, 2022
Adjudged to be AFFIRMED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, and Kavanaugh, JJ., joined. Sotomayor, J., filed a dissenting opinion. Gorsuch, J., filed a dissenting opinion, in which Breyer, J., joined, and in which Sotomayor, J., joined as to all but Part II–C.
July 18, 2022
JUDGMENT ISSUED