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What has the Supreme Court said about (CUE) Clear and Unmistakable Error
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Question
Tbird
The case in question is:
George v. McDonough Oral Argument
The Supreme Court heard oral argument in George v. McDonough, a case concerning veterans denied disability benefits and the appeals process. Under federal law, veterans are entitled to benefits under federal law for injuries or disabilities resulting from their service, including pre-existing conditions aggravated during service. In 1975, Kevin George was diagnosed with paranoid schizophrenia just months after enlisting as a Marine. He received a medical discharge and filed for disability benefits through the VA. He was denied after a medical panel ruled his condition existed prior to joining the military. Mr. George appealed to the Board of Veterans' Appeals in 1977 but was unsuccessful. In 1988, Congress acted to allow VA decisions to be appealed in federal court. In 2014, Mr. George appealed again. He argued his case should be reopened because the board denied his claims based on an invalidated statute. Lower federal courts ruled against him, and he appealed.
This link will take you to the C-Span page of the hearing. This page includes the audio hearing as well as the text for those with hearing issues.
You can read the Amicus Brief here.
[Amicus Curiae - Latin for "friend of the court." Plural is "amici curiae." Frequently, a person or group who is not a party to an action, but has a strong interest in the matter, will petition the court for permission to submit a brief in the action with the intent of influencing the court's decision. Such briefs are called "amicus briefs."]
Tbird
Founder HadIt.com Veteran To Veteran LLC - Founded Jan 20, 1997
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I've had a few challenges, perhaps the same as you. I relate them here to demonstrate that we can learn, overcome, and find purpose in life.
The stories can be harrowing to read; they were challenging to live. Remember that each story taught me something I would need once I found my purpose, and my purpose was and is HadIt.com Veterans.
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Tbird
The case in question is: George v. McDonough Oral Argument The Supreme Court heard oral argument in George v. McDonough, a case concerning veterans denied disability benefits and the appe
Lemuel
Read thru the whole thing. No clue on how they will decide. Hope the go for George because it will make CUE better defined when it comes to regulations and statutes. And both ultimately must fall u
Richard1954
I didn't think he would win, it would have ment that thousands of veterans would have filed cue claims , I felt the courts would have dened it on this alone, and not to my liking they did.
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