Bufkin v. McDonough

 
DOCKET NO.
OP. BELOW
SUBJECT
Veterans

Question(s) Presented

“For more than a century, veterans have been entitled to the benefit of the doubt on any close issue relating to their eligibility for service-related benefits. As presently codified, ‘[w]hen there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary [of Veterans Affairs] shall give the benefit of the doubt to the claimant.’ 38 U.S.C. § 5107(b).”

“In 2002, Congress enacted the Veterans Benefits Act. Among other things, the Act supplemented the responsibilities of the U.S. Court of Appeals for Veterans Claims (the ‘Veterans Court’) by requiring it to ‘take due account of the Secretary’s application of section 5107(b)’ as part of its review of benefits appeals. 38 U.S.C. § 7261(b)(1).”

“In these cases, the Federal Circuit held that § 7261(b)(1) ‘does not require the Veterans Court to conduct any review of the benefit of the doubt issue beyond the clear error review’ of underlying factual findings—something already required by the pre-2002 review statute, under 38 U.S.C. § 7261(a). Pet. App. 16a-17a (quoting Pet. App. 8a-11a).”

“The question presented is: Must the Veterans Court ensure that the benefit-of-the-doubt rule was properly applied during the claims process in order to satisfy 38 U.S.C. § 7261(b)(1), which directs the Veterans Court to ‘take due account’ of VA’s application of that rule?”

Posts About this Case

Date
Proceedings and Orders
October 12, 2023
Application (23A339) to extend the time to file a petition for a writ of certiorari from November 7, 2023 to January 2, 2024, submitted to the The Chief Justice.
October 16, 2023
Application (23A339) granted by The Chief Justice extending the time to file until January 2, 2024.
October 16, 2023
Application (23A340) granted by The Chief Justice extending the time to file until December 31, 2023.
January 24, 2024
Motion to extend the time to file a response is granted and the time is extended to and including March 4, 2024.
February 29, 2024
Motion to extend the time to file a response is granted and the time is further extended to and including March 18, 2024.
April 3, 2024
DISTRIBUTED for Conference of 4/19/2024.
April 22, 2024
DISTRIBUTED for Conference of 4/26/2024.
April 29, 2024
Petition GRANTED.
May 24, 2024
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 2, 2024. The time to file respondent's brief on the merits is extended to and including August 20, 2024.
July 26, 2024
SET FOR ARGUMENT on Wednesday, October 16, 2024.
July 29, 2024
Record requested from the United States Court of Appeals for the Federal Circuit.
August 8, 2024
Record received electronically from the United States Court of Appeals for Veterans Claims and available with the Clerk.
August 8, 2024
CIRCULATED
August 9, 2024
Record received from the United States Court of Appeals for the Federal Circuit. The record is electronic and is available on PACER.