Veteranclaims’s Blog

February 8, 2022

United States Supreme Court; veteran’s certiorari petition; 38 C.F.R. § 3.304(b);

George v. McDonough, 2022 WL 129504 (U.S.) (2022)
George v. McDonough, 991 F.3d 1227 (C.A.Fed. 2021)
The United States Supreme Court has granted a veteran’s certiorari petition, which presents the question whether the denial by the Department of Veterans Affairs (VA) of a veteran’s claim for benefits, in reliance on an agency interpretation that is later deemed invalid under the plain text of the statutory provisions in effect at the time of the denial, is the kind of “clear and unmistakable error” that the veteran may invoke to challenge the VA’s decision.

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