High Court Will Decide Error Standard For Vets' Benefit Cases

By Daniel Wilson (January 14, 2022, 8:16 PM EST) -- The U.S. Supreme Court on Friday agreed to take a case over whether a veteran could challenge as "clear and unmistakable error" the U.S. Department of Veterans Affairs' denial of his benefits claim based on a later-invalidated regulatory interpretation.

The justices granted certiorari to a petition filed by U.S. Marine Corps veteran Kevin George, after the Federal Circuit ruled in March 2021 that the VA had appropriately applied a regulation in place at the time when it denied George's disability benefits claim, even though that regulation was later found to clash with an underlying law.

Mel Bostwick of Orrick Herrington &...

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