Supreme Court of the United States · Official docket →
Joshua E. Bufkin v. Douglas A. Collins, Secretary of Veterans Affairs
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2022-1089
Before the decision, about 2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Federal Circuit decision below.
Question presented
For more than a century, veterans have been entitled to the benefit of the doubt on any close issue relating to their eligibility for service-related benefits. As presently codified, "[w]hen there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary [of Veterans Affairs] shall give the benefit of the doubt to the claimant." 38 U.S.C. § 5107(b). In 2002, Congress enacted the Veterans Benefits Act. Among other things, the Act supplemented the responsibilities of the U.S. Court of Appeals for Veterans Claims (the "Veterans Court") by requiring it to "take due account of the Secretary's application of section 5107(b)" as part of its review of benefits appeals. 38 U.S.C. § 7261(b)(1). In these cases, the Federal Circuit held that § 7261(b)(1) "does not require the Veterans Court to conduct any review of the benefit of the doubt issue beyond the clear error review" of underlying factual findings - something already required by the pre-2002 review statute, under 38 U.S.C. § 7261(a). Pet. App. 16a-17a (quoting Pet. App. 8a11a). The question presented is: Must the Veterans Court ensure that the benefit-ofthe-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?
Counsel of record
For petitioner
Melanie Lynn Bostwick
Orrick, Herrington & Sutcliffe LLP
For respondent
Sarah M. Harris
Acting Solicitor General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
4 cert-stage · 5 merits
(5 supporting pet./neither)
Argument & decision
Argued October 16, 2024 — Melanie L. Bostwick · Sopan Joshi. Audio and transcript
Decided March 5, 2025. Opinion by Thomas.
Proceedings
- Apr 07 2025Judgment Issued.
- Mar 05 2025Adjudged 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.
- Oct 16 2024Argued. For petitioners: Melanie L. Bostwick, Washington, D. C. For respondent: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
- Sep 19 2024Reply of petitioners Joshua E. Bufkin, et al. filed. (Distributed)
- Aug 20 2024Brief of respondent Denis McDonough, Secretary of Veterans Affairs filed. (Distributed)
- Aug 09 2024Record received from the United States Court of Appeals for the Federal Circuit. The record is electronic and is available on PACER.
- Aug 08 2024Record received electronically from the United States Court of Appeals for Veterans Claims and available with the Clerk.
- Aug 08 2024CIRCULATED
- Jul 29 2024Record requested from the United States Court of Appeals for the Federal Circuit.
- Jul 26 2024SET FOR ARGUMENT on Wednesday, October 16, 2024.
- Jul 09 2024Brief amicus curiae of Disabled American Veterans filed.
- Jul 09 2024Brief amicus curiae of Military-Veterans Advocacy filed.
- Jul 09 2024Brief amicus curiae of Federal Circuit Bar Association filed.
- Jul 09 2024Brief amici curiae of National Veterans Legal Services Program, et al. filed.
- Jul 02 2024Brief amicus curiae of National Law School Veterans Clinic Consortium filed.
- Jul 02 2024Brief of petitioners Joshua E. Bufkin, et al. filed.
- Jul 02 2024Joint appendix filed. (Statement of costs filed)
- May 24 2024Motion 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.
- May 22 2024Motion for an extension of time to file the briefs on the merits filed.
- Apr 29 2024Petition GRANTED.
- Apr 22 2024DISTRIBUTED for Conference of 4/26/2024.
- Apr 03 2024DISTRIBUTED for Conference of 4/19/2024.
- Apr 01 2024Reply of petitioners Joshua E. Bufkin, et al. filed. (Distributed)
- Mar 18 2024Brief of respondent Denis McDonough, Secretary of Veterans Affairs in opposition filed.
- Feb 29 2024Motion to extend the time to file a response is granted and the time is further extended to and including March 18, 2024.
- Feb 27 2024Motion to extend the time to file a response from March 4, 2024 to March 18, 2024, submitted to The Clerk.
- Feb 02 2024Brief amicus curiae of Military-Veterans Advocacy filed.
- Feb 02 2024Brief amicus curiae of Federal Circuit Bar Association filed.
- Feb 02 2024Brief amicus curiae of National Veterans Legal Services Program filed.
- Feb 01 2024Brief amicus curiae of National Law School Veterans Clinic Consortium filed.
- Jan 24 2024Motion to extend the time to file a response is granted and the time is extended to and including March 4, 2024.
- Jan 23 2024Motion to extend the time to file a response from February 2, 2024 to March 4, 2024, submitted to The Clerk.
- Dec 29 2023Petition for a writ of certiorari filed. (Response due February 2, 2024)
- Oct 16 2023Application (23A339) granted by The Chief Justice extending the time to file until January 2, 2024.
- Oct 16 2023Application (23A340) granted by The Chief Justice extending the time to file until December 31, 2023.
- Oct 12 2023Application (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.
- Oct 12 2023Application (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.