Bufkin v. Collins
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 23-713 | Fed. Cir. | Oct 16, 2024 | Mar 5, 2025 | 7-2 | Thomas | OT 2024 |
Holding: The Department of Veterans Affairs' determination that the evidence regarding a service-related disability claim is in "approximate balance" pursuant to the "benefit-of-the-doubt rule" is a predominantly factual determination reviewed only for clear error.
Judgment: Affirmed, 7-2, in an opinion by Justice Thomas on March 5, 2025. Justice Jackson filed a dissenting opinion, in which Justice Gorsuch joined.
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| Date | Proceedings and Orders |
|---|---|
| 10/12/2023 | Application (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. |
| 10/12/2023 | Application (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. |
| 10/16/2023 | Application (23A339) granted by The Chief Justice extending the time to file until January 2, 2024. |
| 10/16/2023 | Application (23A340) granted by The Chief Justice extending the time to file until December 31, 2023. |
| 12/29/2023 | Petition for a writ of certiorari filed. (Response due February 2, 2024) |
| 01/23/2024 | Motion to extend the time to file a response from February 2, 2024 to March 4, 2024, submitted to The Clerk. |
| 01/24/2024 | Motion to extend the time to file a response is granted and the time is extended to and including March 4, 2024. |
| 02/01/2024 | Brief amicus curiae of National Law School Veterans Clinic Consortium filed. |
| 02/02/2024 | Brief amicus curiae of Military-Veterans Advocacy filed. |
| 02/02/2024 | Brief amicus curiae of Federal Circuit Bar Association filed. |
| 02/02/2024 | Brief amicus curiae of National Veterans Legal Services Program filed. |
| 02/27/2024 | Motion to extend the time to file a response from March 4, 2024 to March 18, 2024, submitted to The Clerk. |
| 02/29/2024 | Motion to extend the time to file a response is granted and the time is further extended to and including March 18, 2024. |
| 03/18/2024 | Brief of respondent Denis McDonough, Secretary of Veterans Affairs in opposition filed. |
| 04/01/2024 | Reply of petitioners Joshua E. Bufkin, et al. filed. (Distributed) |
| 04/03/2024 | DISTRIBUTED for Conference of 4/19/2024. |
| 04/22/2024 | DISTRIBUTED for Conference of 4/26/2024. |
| 04/29/2024 | Petition GRANTED. |
| 05/22/2024 | Motion for an extension of time to file the briefs on the merits filed. |
| 05/24/2024 | Motion 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. |
| 07/02/2024 | Brief amicus curiae of National Law School Veterans Clinic Consortium filed. |
| 07/02/2024 | Brief of petitioners Joshua E. Bufkin, et al. filed. |
| 07/02/2024 | Joint appendix filed. (Statement of costs filed) |
| 07/09/2024 | Brief amicus curiae of Disabled American Veterans filed. |
| 07/09/2024 | Brief amicus curiae of Military-Veterans Advocacy filed. |
| 07/09/2024 | Brief amicus curiae of Federal Circuit Bar Association filed. |
| 07/09/2024 | Brief amici curiae of National Veterans Legal Services Program, et al. filed. |
| 07/26/2024 | SET FOR ARGUMENT on Wednesday, October 16, 2024. |
| 07/29/2024 | Record requested from the United States Court of Appeals for the Federal Circuit. |
| 08/08/2024 | Record received electronically from the United States Court of Appeals for Veterans Claims and available with the Clerk. |
| 08/08/2024 | CIRCULATED |
| 08/09/2024 | Record received from the United States Court of Appeals for the Federal Circuit. The record is electronic and is available on PACER. |
| 08/20/2024 | Brief of respondent Denis McDonough, Secretary of Veterans Affairs filed. (Distributed) |
| 09/19/2024 | Reply of petitioners Joshua E. Bufkin, et al. filed. (Distributed) |
| 10/16/2024 | Argued. For petitioners: Melanie L. Bostwick, Washington, D. C. For respondent: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| 03/05/2025 | Adjudged 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. |
| 04/07/2025 | Judgment Issued. |