No. 23-713
Joshua E. Bufkin v. Douglas A. Collins, Secretary of Veterans Affairs
Tags: 38-usc-7261 benefit-of-doubt benefit-of-the-doubt-rule claims-process federal-circuit judicial-review statutory-interpretation veterans-benefits veterans-benefits-act-of-2002 veterans-court
Latest Conference:
2024-04-26
(distributed 2 times)
Question Presented (from Petition)
Must the Veterans Court ensure that the benefit-of-the-doubt rule was properly applied during the claims process in order to satisfy 38 U.S.C. § 7261(b)(1), which directs the Veterans Court to "take due account" of VA's application of that rule?
Question Presented (AI Summary)
Must the Veterans Court ensure that the benefit-of-the-doubt rule was properly applied during the claims process in order to satisfy 38 U.S.C. § 7261(b)(1)
Docket Entries
2025-04-07
Judgment Issued.
2025-03-05
Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Jackson, J., filed a dissenting opinion, in which Gorsuch, J., joined.
2024-10-16
Argued. For petitioners: Melanie L. Bostwick, Washington, D. C. For respondent: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
2024-09-19
Reply of petitioners Joshua E. Bufkin, et al. filed. (Distributed)
2024-08-20
Brief of respondent Denis McDonough, Secretary of Veterans Affairs filed. (Distributed)
2024-08-20
Brief for the Respondent of Denis McDonough, Secretary of Veterans Affairs submitted.
2024-08-09
Record received from the United States Court of Appeals for the Federal Circuit. The record is electronic and is available on PACER.
2024-08-08
Record received electronically from the United States Court of Appeals for Veterans Claims and available with the Clerk.
2024-08-08
CIRCULATED
2024-07-29
Record requested from the United States Court of Appeals for the Federal Circuit.
2024-07-26
SET FOR ARGUMENT on Wednesday, October 16, 2024.
2024-07-09
Brief amici curiae of National Veterans Legal Services Program, et al. filed.
2024-07-09
Brief amicus curiae of Federal Circuit Bar Association filed.
2024-07-09
Brief amicus curiae of Military-Veterans Advocacy filed.
2024-07-09
Brief amicus curiae of Disabled American Veterans filed.
2024-07-09
Amicus brief of Federal Circuit Bar Association submitted.
2024-07-09
Amicus brief of National Veterans Legal Services Program; National Organization of Veterans' Advocates submitted.
2024-07-09
Amicus brief of Disabled American Veterans submitted.
2024-07-09
Amicus brief of Military-Veterans Advocacy submitted.
2024-07-02
Joint appendix filed. (Statement of costs filed)
2024-07-02
Brief amicus curiae of National Law School Veterans Clinic Consortium filed.
2024-07-02
Joint appendix filed.
2024-07-02
Brief of petitioners Joshua E. Bufkin, et al. filed.
2024-07-02
Amicus brief of National Law School Veterans Clinic Consortium submitted.
2024-07-02
Joint Appendix submitted.
2024-07-02
Brief of Joshua E. Bufkin, et al. submitted.
2024-05-24
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 2, 2024. The time to file respondent's brief on the merits is extended to and including August 20, 2024.
2024-05-22
Motion for an extension of time to file the briefs on the merits filed.
2024-04-29
Petition GRANTED.
2024-04-22
DISTRIBUTED for Conference of 4/26/2024.
2024-04-03
DISTRIBUTED for Conference of 4/19/2024.
2024-04-01
Reply of petitioners Joshua E. Bufkin, et al. filed. (Distributed)
2024-03-18
Brief of respondent Denis McDonough, Secretary of Veterans Affairs in opposition filed.
2024-02-29
Motion to extend the time to file a response is granted and the time is further extended to and including March 18, 2024.
2024-02-27
Motion to extend the time to file a response from March 4, 2024 to March 18, 2024, submitted to The Clerk.
2024-02-02
Brief amicus curiae of National Veterans Legal Services Program filed.
2024-02-02
Brief amicus curiae of Federal Circuit Bar Association filed.
2024-02-02
Brief amicus curiae of Military-Veterans Advocacy filed.
2024-02-01
Brief amicus curiae of National Law School Veterans Clinic Consortium filed.
2024-01-24
Motion to extend the time to file a response is granted and the time is extended to and including March 4, 2024.
2024-01-23
Motion to extend the time to file a response from February 2, 2024 to March 4, 2024, submitted to The Clerk.
2023-12-29
Petition for a writ of certiorari filed. (Response due February 2, 2024)
2023-10-16
Application (23A340) granted by The Chief Justice extending the time to file until December 31, 2023.
2023-10-16
Application (23A339) granted by The Chief Justice extending the time to file until January 2, 2024.
2023-10-12
Application (23A339) to extend the time to file a petition for a writ of certiorari from November 7, 2023 to January 2, 2024, submitted to the The Chief Justice.
2023-10-12
Application (23A340) to extend the time to file a petition for a writ of certiorari from November 1, 2023 to December 31, 2023, submitted to The Chief Justice.
Attorneys
Denis McDonough, Secretary of Veterans Affairs
Elizabeth B. Prelogar — Respondent
Sarah M. Harris — Acting Solicitor General, Respondent
Disabled American Veterans
Federal Circuit Bar Association
Brian Timothy Burgess — Goodwin Procter, LLP, Amicus
Joshua E. Bufkin, et al.
Melanie Lynn Bostwick — Orrick, Herrington & Sutcliffe LLP, Petitioner
Military-Veterans Advocacy
National Law School Veterans Clinic Consortium
National Veterans Legal Services Program
National Veterans Legal Services Program; National Organization of Veterans' Advocates
Debmallo Shayon Ghosh — Williams & Connolly LLP, Amicus