The Supreme Court of the United States is set to consider a new case that could substantially affect veterans’ ability to appeal their cases when their application for disability benefits is denied. Depending on the case’s outcome, veterans may find their ability to seek judicial review through the court system outside of the Department of Veterans Affairs substantially restricted. However, in doing so, it would be reversing a precedent that goes back more than half a century.
What is This Case?
The case involves a plaintiff who was a veteran that originally served in the US Army between 1983 and 1985, and was subsequently diagnosed with post-traumatic stress disorder. However, he was also imprisoned on a number of state felonies, and thus had his disability rating reduced from 80 percent to 10 percent, based on a law that reduces benefits for veterans who are incarcerated for 60 days or more.
The plaintiff filed his own lawsuit pro se, which was initially thrown out. Afterwards, he obtained legal counsel, and attempted to amend the lawsuit to substitute out the original defendants (Congress) with the actual appropriate defendants (the VA). The Court denied this request, citing the Veterans’ Judicial Review Act (VJRA).
What is the Legal Issue Being Decided?
The primary argument comes down to the text of the VJRA. Under the 1974 case Johnson v. Robinson, veterans have the ability to appeal applications for veterans disability benefits through the court system, if the VA denies their application. This is effectively what the plaintiff relies on as part of his effort to appeal the VA’s benefits decision.
However, the VA has argued against this interpretation, and claims that the only process provided by the VJRA is the application process within the VA itself. Effectively, they are arguing that veterans have no legal right to seek judicial review of their decisions through the court system.
Why Does This Matter?
For veterans who may struggle to obtain the benefits they deserve, judicial review has provided additional opportunities when the internal processes of the VA have denied them. If Johnson v. Robinson is reversed, it could close off that option, limiting their legal options. However, that depends on how the Supreme Court ultimately chooses to rule.
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.
