Buffington v. McDonough

 
APPEAL NO.
20-1479
OP. BELOW
OPINION
TBD
SUBJECT
Veterans
AUTHOR
TBD

Issue(s) Presented

“[W]hether the part of 38 C.F.R. § 3.654(b)(2) (regulation 3.654(b)(2)), limiting the resumption of payment of disability benefits to ‘the day following release from active duty if [a] claim for recommencement of payments is received within 1 year from the date of such release,’ is a valid exercise of the Secretary’s general rulemaking authority under 38 U.S.C. § 501(a) when: (1) the regulation conflicts with relevant statutes, which do not impose a one-year claim requirement that may result in disability compensation forfeiture . . . and (2) the regulation’s one-year claim requirement and resulting forfeiture do nothing to prevent duplication of disability compensation during periods of active service, the stated purpose of section 5304(c).”