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ARTICLE · 17 MARCH 2025

Supreme Court Limits Veterans' Ability To Challenge Disability Denials

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On March 5, 2025, the U.S. Supreme Court ruled against two veterans challenging the Department of Veterans Affairs (VA) in a case that impacts how veterans can appeal disability benefit denials.

United StatesLitigation, Mediation & Arbitration
Dale Wainwright
Dale Wainwright

On March 5, 2025, the U.S. Supreme Court ruled against two veterans challenging the Department of Veterans Affairs (VA) in a case that impacts how veterans can appeal disability benefit denials. The 7-2 decision in Bufkin v. McDonough and Thornton v. McDonough affirms that the VA's determinations of whether evidence is “in approximate balance” are factual findings subject to clear-error review, rather than legal questions eligible for de novo review by the U.S. Court of Appeals for Veterans Claims. This ruling raises the standard veterans must meet to successfully appeal a denial, reinforcing the VA's discretion in these cases.

The Cases: Bufkin and Thornton

Joshua Bufkin, an Air Force veteran (2005-2006), applied for disability benefits due to post-traumatic stress disorder (PTSD) linked to marital difficulties experienced during his service. His claim was denied due to conflicting medical evaluations, leading to his legal challenge.

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