Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Supreme Court cases; at least one affects CUE


broncovet

Question

  • Moderator

The US Supreme court cases involving Veterans law are always important.  

Two of these seem to be significant:

1.  George vs McDonough

    

Quote

Issue: Whether, when the Department of Veterans Affairs 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, that is the kind of “clear and unmistakable error” that the veteran may invoke to challenge VA’s decision

The Supreme Court has granted the petition, (Writ of Certiorari), which means Scotus has agreed to hear this case.  (Scotus only agrees to hear a very small portion of cases presented).  

2.  Blanton Vs. McDonough.  Go Ken Carpenter, who alleges that VA's CUE standard, found in Cook, is too restrictive, and inconsistent with Congress Intent to make VA benefits a "pro claimant non adversarial system".   Mr. Carpenter suggests that VA makes errors, and the Veteran needs a way to correct said errors, and the Federal Circuit's CUE standards are in error, inconsistent with congress intent.  

https://www.supremecourt.gov/DocketPDF/20/20-1271/171573/20210310171631832_19-2009cert petition.pdf

    I was unable to find out if Blanton Writ of Certiorari petition was granted, but, its possible that  the above cases were merged, as both involve CUE.  Thanks Berta, for this Scotus case!  

  • Like 2
Link to comment
Share on other sites

1 answer to this question

Recommended Posts

  • 0
  • HadIt.com Elder

@broncovet Thanks for posting this.

I actually won a CUE early last year similar to the first case. The VA reduced an initial rating due to aggravation by 10% just because the C&P doctor said I had the condition prior to service. I showed them the plain language of the reg dealing with pre-existing reductions which must be in terms of the schedule. I checked the rating criteria and 10% did not include any info about because the vet had it before service. They granted CUE. I guess veteran George did not win due to the VA's inability to read and it's now with the supremes.

Berta posted a link to Blanton the other day which I found fascinating. That one sums things up as the court legislating by the bench. The VA is allowed to be non-adversarial until they want to be adversarial and too bad for the vets.

  • Like 1
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • How to get your questions answered...

    question-001.jpeg

    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
    2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

    Leading to:

    Post clear questions and then give background info on them.

    Examples:

    • A. I was previously denied for apnea – Should I refile a claim?
      • was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

    Note:

    Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines