George v. McDonough (06/15/2022) Veterans lose

[Richard1954]

I decied to start a thread so this would not be missed.....

It looks like the court decided against the veteran,    5-3

The invalidation of a VA regulation after a veteran’s benefits decision becomes final cannot support a claim for collateral relief based on clear and unmistakable error. We affirm the judgment of the Court of Appeals. It is so ordered

https://www.supremecourt.gov/opinions/21pdf/21-234_2b8e.pdf

Hate to say it but I was right, this was really denied becaue the  majority did not want to open the VA up to thousands of CUE claims, read the decenting oipinion.

[Dustoff1970]

I just read the SOTUS George v. McDonough case and no surprise he lost due to large amount of monies that would have to paid to many thousands of vets.  We are not worth that much in the eyes of the long standing crooked establishment with HQ in Washington, D.C.  Nothing new and to ****** with them.

Justice Gorsuch Dissents as Justice Barrett’s Majority Opinion Rules Against Veteran Unlawfully Denied Disability Benefits (msn.com)

[Vync]

First, there should not be a statute of limitations for when the governments screws over vets. Second, Will the VA try to use this decision to attempt to reverse the Nehmer decision?

"Oh, by the way, we fixed that unlawful law/reg the VA used to deny your claim. Sorry, the only vets who benefit from the correction are those filing claims in the future. No soup for you."

So when a unlawful interpretation of a law is later corrected, those negatively impacted by the wrongful interpretation have no recourse.

It's basically the same thing that happens in most precedent cases short of the Nehmer AO decision. Hypothetically, a vet can file a claim in 1994 and on appeal a precedent setting court (CAVC or higher) can say the denial is based on an unlawful law/reg from 1985 and correct it. The vet who kept their claim alive obtains full retroactive benefit, but all other vets who were also negatively impacted -and- claims became final can only benefit from the date of the court's decision and forward. However, in Nehmer, vets with AO-related finalized claims can be granted retroactive benefits (if I am interpreting this correctly).

Lawmakers really need to correct CUE and other VA laws/regs so they no longer continue to be a miscarriages of justice to veterans. Make the VA less adversarial.

Edited June 16, 2022 by Vync
added content, rephrasing

[Mr cue]

The way i see it the VA will be denying a lot more cues.

Smh now veterans will be at the hand of the cavc to hope it get address.

I really think this kill the cue claim for veterans.

I could be wrong it sounds to me a veteran doesn't have any recourse for there VA errors now.

Yea it over 

[Vync]

7 minutes ago, Mr cue said:

The way i see it the VA will be denying a lot more cues.

...

I really think this kill the cue claim for veterans.

...

They deny too many of them already. However, in cases where CUE is due to the VA failing to follow the current/active law or reg at the time the decision was made, they should be fine as long as the VA does not continue to make the same repeated error like they do so often. The George denial was at attempt to retroactively apply a correction of an unlawful law/reg as a basis to assert CUE.

Basically, if CUE is based on laws/regs in effect when the decision was made, vets could win. However, when a new law/reg invalidates a prior law/reg, CUE does not apply. 

[Richard1954]

31 minutes ago, Vync said:

Basically, if CUE is based on laws/regs in effect when the decision was made, vets could win. However, when a new law/reg invalidates a prior law/reg, CUE does not apply. 

Exactly

[Vync]

6 minutes ago, Richard1954 said:

Exactly

But it should, in my opinion...