Supreme Court to Review Disputes on Veterans' Disability Appeals
The US Supreme Court has agreed to examine if military veterans have the right to the benefit of the doubt during their appeals for disability claims that have been closely denied earlier. The court accepted this appeal on Monday from Joshua Bufkin and Norman Thornton, veterans of the US Army and Air Force. They argue that their requests for compensation were dismissed even though medical proofs prove their conditions are linked to their service in the military. According to these claimants, the competence of Veterans Affairs (VA) and the Board of Veterans’ Appeals to give them the benefit-of-the-doubt was not adequately examined by the US Court of Appeals for Veterans Claims, which they believe is a requirement under federal law having both positive and negative proof for a benefits claim. The veterans court was dismissed of the obligation to take this into account in the event of an appeal from denial of claims by the US Court of Appeals for the Federal Circuit. The court stated that it need only assess if there was a palpable error based on factual findings by the VA.
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