Bufkin v. McDonough (2024)

Docket No. 23-713
Granted: April 29, 2024
Argued: October 16, 2024

Must the U.S. Court of Appeals for Veterans Claims ensure that the benefit-of-the-doubt rule was properly applied during the claims process when reviewing veterans’ benefits claims?

This case asks the Supreme Court to determine the standard of review that the U.S. Court of Appeals for Veterans Claims (“Veterans Court”) should apply to claims on appeal. Bufkin argues that the Veterans Court must review the Secretary of Veterans Affairs’ and the Board of Veteran Appeals’ application of “the benefit of the doubt” where any evidence material to the veteran’s disability-benefits claim is in approximate balance.

Further, Bufkin contends that in conducting this separate review, the Veterans Court is reviewing a matter of law, which requires a more demanding standard of review than clear error.

McDonough counters that the Veterans Court is instead engaging in a factual review, arguing it should not reassess the facts to determine whether the benefit-of-the-doubt rule applies unless clearly erroneous.

McDonough asserts that the Veterans Court need only consider whether the Department of Veterans Affairs properly applied the rule when raised. The outcome of this case has future implications for veterans’ disability benefits claims and the scope of the Department of Veterans Affairs’ powers.

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