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  • What is the impact of SCOTUS overturning Chevron Doctrine on veterans’ disability claims?

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    Tbird

    Supreme Court's Chevron Impact on Veterans 2.png

    The Supreme Court overturning the Chevron doctrine may lead to changes in how veterans file disability compensation claims with the VA. Veterans disputing VA rulings might benefit from the ruling, as it removes the requirement for courts to follow federal agencies’ interpretations of vague laws.

    Highlights:

    1. Historical background: The Chevron doctrine, created in 1984, obliged courts to defer to federal agencies’ explanations of vague statutes.
    2. In June 2024, the Supreme Court overturned Chevron and mandated that courts independently interpret statutes.
    3. Veterans may benefit from this change as it could cause more favorable decisions for those appealing VA claim denials, with courts no longer deferring to VA interpretations.
    4. The impact of Buffington v. McDonough case is worth noting. The impact of the Buffington v. It is worth noting the impact of the Buffington v. McDonough case, where the VA’s interpretation of a statute denied Thomas Buffington, an Air Force veteran, almost three years of retroactive disability payments. The new ruling could have led courts to rule in Buffington’s favor, independent of the VA’s interpretation
    5. Implications:
      • Increased judicial scrutiny of VA rulings
      • Potential for more favorable outcomes for veterans
      • Possible longer wait times for decisions due to increased litigation
      • Uncertainty and inconsistency in rulings across jurisdictions

    While this change offers potential benefits for veterans challenging benefit denials, it may also lead to longer processing times and increased complexity in the appeals process.

    Sources:

    The History of the Chevron Doctrine FindLaw 01/19/2024

    The Chevron Doctrine The Cato Institute Summer 2023

    Buffington v. McDonough

    Cornell Law School Legal Information Institute 12/07/2022


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    • HadIt.com Elder

    This case is an undecided CAVC 22-1018 case affecting the Secretary's interpretation of SMC-T regulation that drastically re-wrote the 38 USC

    Edited by Lemuel
    left out definitive phrases
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    • HadIt.com Elder
    On 7/7/2024 at 8:54 AM, Tbird said:

    Historical background: The Chevron doctrine, created in 1984, obliged courts to defer to federal agencies’ explanations of vague statutes.

    That decision allowed President Reagan to pen changes to reduce "entitlements" including VA travel benefits.  We no longer get the full benefits we received in 1983 before that decision for any of his changes to "Regulations" from "Code".

    Reagan took "discretion" out of the Code and changed it to "cannot" in the regulations.

    Edited by Lemuel
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    • HadIt.com Elder

    These so-called patriots will screw a veteran every chance they get.  We have the worst politicians on earth compared to their talk about honoring the vets.  Honor is cheap, but what about cash?

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    • HadIt.com Elder

    There have been efforts to get money out of politics.  The only way that I can think of is to quit voting for incumbents until they realize the voters and their take on the issues is more important than getting campaign money.  Things need to be done that are not being done because of campaign money.

    We are 38th in the world in health care.  Down from 1 in the 1950s.  Resting on our reputation since then.

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