George v. McDonough

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 Court held the invalidation of a VA regulation after a veteran’s benefits decision becomes final cannot support a claim for collateral relief based on clear and unmistakable error. Justice Barrett delivered the opinion of the Court, in which Chief Justice Roberts joined along with Justices Thomas, Alito, Kagan, and Kavanaugh. Justice Sotomayor filed a dissenting opinion. Justice Gorsuch filed a dissenting opinion, in which Justice Breyer joined, and in which Justice Sotomayor joined as to all but Part II–C.

Credit: Oyez, LII Supreme Court Resources, Justia Supreme Court Center, available at: https://www.oyez.org/cases/2021/21-234