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Northville, Michigan – The Supreme Court decision in Bufkin v. Collins represents a setback for many veterans seeking benefits for service-connected disabilities. Attorney James Fausone of Legal Help for Veterans, PLLC, has resolved to continue fighting for veterans who need disability benefits.
The Bufkin v. Collins Decision
Bufkin v. Collins focused on whether the Veterans Court of Appeals is required to review “benefit of the doubt” decisions made by the VA. These decisions apply the benefit-of-the-doubt rule, which states that the Board should rule in favor of granting disability benefits when the evidence in a case doesn’t weigh clearly in favor of one side or the other.
The Supreme Court held that the Veterans Court of Appeals need only review benefit-of-the-doubt decisions for “clear error.” The Court of Appeals does not need to conduct a more thorough review or consider additional evidence, although it may do so if it chooses, wrote the Court in a 7-2 decision.
Two Justices, Ketanji Brown Jackson and Neil Gorsuch, dissented. Writing separately, Justice Jackson stated that the “clear error” standard fails to apply the benefit-of-the-doubt rule the way Congress intended.
Getting Veterans the Help They Need
Bufkin v. Collins will have no effect on cases where the evidence weighs clearly in favor of granting benefits. However, it is likely to impact veterans whose cases offer conflicting evidence or no clear answer – just like the cases involved in Bufkin itself.
“The help of an experienced lawyer will be invaluable” for these veterans, said Attorney Fausone. By building a strong case from the outset, veterans will be more likely to receive benefits without facing a benefit-of-the-doubt analysis – and thus never being required to face the Court of Appeals on the benefit-of-the-doubt question.
If you’re a veteran with questions about your benefits, speak to an experienced veterans’ benefits attorney as soon as possible. Legal Help for Veterans, PLLC is a Michigan-based veterans benefits law firm with considerable experience helping veterans fight for service-connected benefits. Learn more at https://www.legalhelpforveterans.com.
The attorneys at Legal Help for Veterans have a national practice representing veterans from across the country. They have helped veterans collect over $10,000,000 in future and retroactive benefits.
Legal Help of Veterans
41700 West Six Mile Road Suite 100
Northville, MI 48168
1.800.693.4800
https://www.legalhelpforveterans.com/
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