In a recent decision by the Supreme Court of the United States, it was ruled that the US Court of Appeals for Veterans Claims was not required to review use of the “benefit of the doubt” standard for most disability reviews. This standard is meant to typically favor veterans in cases where the evidence for or against a disability application is close. The decision means that it may be harder for many veterans to appeal their disability applications if they are denied.
What is This Case About?
The lawsuit, Bufkin v. Collins, is built on the claims of two veterans who both allegedly suffered from post-traumatic stress disorder (PTSD). The first was an Air Force veteran who served from 2005 to 2006, and whose disability claim was denied due to an alleged lack of evidence demonstrating he suffered from PTSD, or that his mental issues were related to his military service. The second was an Army veteran who served from 1988 to 1991, who initially received a 50% disability rating but failed in an appeal to have it raised higher. Both had their claims denied after attempting to appeal their decisions to the Court of Appeals for Veterans Claims, and both argued they should have benefited from the “benefit of the doubt” standard.
What is the Benefit of the Doubt Standard?
The benefit of the doubt standard is a rule that is meant to be applied in disability applications where there is some evidence supporting a claim, but the evidence is not decisive. Under the standard, where the evidence does not clearly point for or against approving benefits, the court should give the “benefit of the doubt” to the applicant. In other words, where the evidence is unclear and the rule is applicable, the court should typically favor approving the claim.
What Did the Court Rule?
In a 7-2 decision, the Supreme Court ruled that the Court of Appeals did not need to review the Department of Veteran Affairs’ application of the benefit of the doubt rule. In other words, if the VA failed to apply the standard in their cases, it was not up to the Court of Appeals to ensure the rule was appropriately applied in these circumstances. Thus, their cases were denied, and they will not be receiving the benefits they were asking for.
Why Does This Matter?
This ruling is important because it places a limit on the ability of higher level appeals to reverse decisions in favor of veterans seeking disability benefits. Thus, it is essential to ensure the best possible circumstances early in the process, which increases your odds of successfully earning benefits and improves your odds on appeal. That is why, if you are looking to apply for veteran disability benefits, you should speak to a lawyer with experience handling disability claims, who can fight on your behalf and give you the best chance of success.
The attorneys of Sullivan & Kehoe place a special focus on assisting disabled veterans. Our veterans’ disability lawyers are still available for remote consultation on your legal issues. Call our office at (800) 395-7830 to schedule a consultation in our New York City, Garden City, Kings Park, Riverhead, or White Plains office, or visit our contact page.
