No. 23A340

Joshua E. Bufkin v. Denis McDonough, Secretary of Department of Veteran Affairs

Lower Court: Federal Circuit
Docketed: 2023-10-16
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: benefit-of-the-doubt-rule clearly-erroneous section-7261 service-connection standard-of-review veterans-benefits
Latest Conference: N/A
Question Presented (from Petition)

Question not identified.

Question Presented (AI Summary)

Whether 38 U.S.C. § 7261(b)(1) requires the Veterans Court to conduct de novo review of the Board of Veterans Appeals' application of the benefit-of-the-doubt rule, or whether the statute is satisfied by the Veterans Court merely addressing the Board's treatment of that rule under a clearly erroneous standard of review

Docket Entries

2023-10-16
Application (23A340) granted by The Chief Justice extending the time to file until December 31, 2023.
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. PrelogarSolicitor General, Respondent
Joshua E. Bufkin
Melanie Lynn BostwickOrrick, Herrington & Sutcliffe LLP, Petitioner