U.S. Supreme Court (Photo: Yellow3467)
This fall, the Supreme Court will review the legal claim of two Veterans who were denied medical benefits for what they claim were service-connected traumas.
The case, Bufkin v McDonough, has been progressing through the Veterans and federal courts over the past four years and will be addressed in the court’s next term, beginning this fall, with a ruling anticipated in early 2025. The case focuses on Air Force Veteran Joshua Bufkin, who served from 2005 to 2006, and Army Veteran Norman Thornton, who served from 1988 to 1991. Both individuals were repeatedly denied medical benefits by the Department of Veterans Affairs, citing issues with the decisions and appeals process.
Bufkin and Thornton sought medical care for post-traumatic stress disorder related to their military service but were unable to convince VA administrators of their eligibility for benefits. Their attorneys argue that these denials violate federal “benefit of the doubt” rules established by Congress, which dictate that when the evidence is evenly divided between supporting and refuting a Veteran’s claim, the department should decide to award benefits. VA officials, as well as subsequent court officials, maintain that the cases were handled properly, both in evaluating the claims and during the appeals process.
A decision by the Supreme Court in support of the plaintiffs could lead to significant changes in the appeals process for such benefit cases and potentially allow more individuals initially denied benefits to have their cases reconsidered.
This Supreme Court announcement follows a recent decision in Rudisill v McDonough, where the court ruled in favor of expanding Veterans benefits. In that case, the majority of the court determined that Veterans should have access to both their Montgomery GI Bill education benefits and Post-9/11 GI Bill college benefits, contrary to current VA policy requiring individuals to choose only one program. VA officials are currently reviewing this decision and anticipate issuing new rules regarding education benefits eligibility in the coming months.
Author: Rikki Almanza
Rikki is a Web Content Coordinator for the American Legion, Department of California. With a deep-rooted connection to the military, a spouse who is a Navy veteran, a father who served in the Air Force for 25 years, and a grandfather who proudly served, Rikki is committed to using her skills and knowledge to provide valuable assistance and resources to servicemembers and veterans.