Bufkin v. McDonough
Issue: Whether the U.S. Court of Appeals for Veterans Claims must ensure that the benefit-of-the-doubt rule in 38 U.S.C. § 5107(b) was properly applied during the claims process in order to satisfy 38 U.S.C. § 7261(b)(1), which directs the court to “take due account” of the Department of Veterans Affairs’ application of that rule.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Oct 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. |
| Oct 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. |
| Oct 16 2023 | Application (23A339) granted by The Chief Justice extending the time to file until January 2, 2024. |
| Oct 16 2023 | Application (23A340) granted by The Chief Justice extending the time to file until December 31, 2023. |
| Dec 29 2023 | Petition for a writ of certiorari filed. (Response due February 2, 2024) |
| Jan 23 2024 | Motion to extend the time to file a response from February 2, 2024 to March 4, 2024, submitted to The Clerk. |
| Jan 24 2024 | Motion to extend the time to file a response is granted and the time is extended to and including March 4, 2024. |
| Feb 01 2024 | Brief amicus curiae of National Law School Veterans Clinic Consortium filed. |
| Feb 02 2024 | Brief amicus curiae of Military-Veterans Advocacy filed. |
| Feb 02 2024 | Brief amicus curiae of Federal Circuit Bar Association filed. |
| Feb 02 2024 | Brief amicus curiae of National Veterans Legal Services Program filed. |
| Feb 27 2024 | Motion to extend the time to file a response from March 4, 2024 to March 18, 2024, submitted to The Clerk. |
| Feb 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. |
| Mar 18 2024 | Brief of respondent Denis McDonough, Secretary of Veterans Affairs in opposition filed. |
| Apr 01 2024 | Reply of petitioners Joshua E. Bufkin, et al. filed. (Distributed) |
| Apr 03 2024 | DISTRIBUTED for Conference of 4/19/2024. |
| Apr 22 2024 | DISTRIBUTED for Conference of 4/26/2024. |
| Apr 29 2024 | Petition GRANTED. |
