George v. McDonough
Petitioner Kevin R. George · Respondent Denis R. McDonough
- Reporter
- 596 U.S. ___ (2022)
- From
- United States Court of Appeals for the Federal Circuit
- How it got here
- writ of <i>certiorari</i>
When the Department of Veterans Affairs denies a veteran’s claim for benefits in reliance on an agency interpretation later deemed invalid under the plain text of the statutory provisions in effect at the time of the denial, is that the kind of “clear and unmistakable error” that the veteran may invoke to challenge the VA’s decision?
Question before the CourtWhat happened
Kevin R. George and Michael B. Martin are both military veterans who sought and were denied disability benefits several decades ago based on the straightforward application of a regulation. Since then, the regulation was overturned, so George and Martin sought revision of those denial decisions based on the “clear and unmistakable error” (CUE) by the VA. The Board of Veterans’ Appeals denied the motions, holding that it was not clear and unmistakable error to faithfully apply a regulation that existed at the time. The U.S. Court of Appeals for the Federal Circuit affirmed.
The holding
The invalidation of a Department of Veterans Affairs regulation after a veteran’s benefits decision becomes final cannot support a claim for collateral relief permitting revision of that decision based on “clear and unmistakable error.” Justice Amy Coney Barrett authored the majority opinion of the Court. The “clean and unmistakable error” doctrine evolved over several decades. Its history reveals that this category of error does not encompass a subsequent change in law or in interpretation of law. Because the invalidation of a prior regulation constitutes a “change in interpretation of law,” this type of error does not encompass a claim like George’s. Justice Sonia Sotomayor authored a dissenting opinion, arguing that the history of “clear and unmistakable error” is not so clear as the majority suggests. Justice Neil Gorsuch authored a dissenting opinion, in which Justices Stephen Breyer and Sonia Sotomayor joined. Justice Gorsuch argued that the Court erroneously excuses an agency’s departure from its statutory commands.
Argued by
- Melanie L. Bostwick for the Petitioner
- Anthony A. Yang for the Respondent
Case path
- Jan 14, 2022 granted
- Apr 19, 2022 argued
- Jun 15, 2022 decided