Bufkin v. Collins
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 in 38 U.S.C. § 5107(b) is a predominantly factual determination reviewed only for clear error.
Judgment
Affirmed, 7-2, in an opinion by Clarence Thomas on Mar 5, 2025. Justice Jackson filed a dissenting opinion, in which Justice Gorsuch joined.
Oct 12, 2023Application (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, 2023Application (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, 2023Application (23A339) granted by The Chief Justice extending the time to file until January 2, 2024.
Oct 16, 2023Application (23A340) granted by The Chief Justice extending the time to file until December 31, 2023.
Dec 29, 2023Petition for a writ of certiorari filed. (Response due February 2, 2024)Jan 23, 2024Motion to extend the time to file a response from February 2, 2024 to March 4, 2024, submitted to The Clerk.Jan 24, 2024Motion to extend the time to file a response is granted and the time is extended to and including March 4, 2024.
Feb 1, 2024Brief amicus curiae of National Law School Veterans Clinic Consortium filed.Feb 2, 2024Brief amicus curiae of Military-Veterans Advocacy filed.Feb 2, 2024Brief amicus curiae of Federal Circuit Bar Association filed.Feb 2, 2024Brief amicus curiae of National Veterans Legal Services Program filed.Feb 27, 2024Motion to extend the time to file a response from March 4, 2024 to March 18, 2024, submitted to The Clerk.Feb 29, 2024Motion to extend the time to file a response is granted and the time is further extended to and including March 18, 2024.
Mar 18, 2024Brief of respondent Denis McDonough, Secretary of Veterans Affairs in opposition filed.Apr 1, 2024Reply of petitioners Joshua E. Bufkin, et al. filed. (Distributed)Apr 3, 2024DISTRIBUTED for Conference of 4/19/2024.
Apr 22, 2024DISTRIBUTED for Conference of 4/26/2024.
Apr 29, 2024Petition GRANTED.
May 22, 2024Motion for an extension of time to file the briefs on the merits filed.May 24, 2024Motion 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.
Jul 2, 2024Brief amicus curiae of National Law School Veterans Clinic Consortium filed.Jul 2, 2024Brief of petitioners Joshua E. Bufkin, et al. filed.Jul 2, 2024Joint appendix filed. (Statement of costs filed)Jul 9, 2024Brief amicus curiae of Disabled American Veterans filed.Jul 9, 2024Brief amicus curiae of Military-Veterans Advocacy filed.Jul 9, 2024Brief amicus curiae of Federal Circuit Bar Association filed.Jul 9, 2024Brief amici curiae of National Veterans Legal Services Program, et al. filed.Jul 26, 2024SET FOR ARGUMENT on Wednesday, October 16, 2024.
Jul 29, 2024Record requested from the United States Court of Appeals for the Federal Circuit.
Aug 8, 2024Record received electronically from the United States Court of Appeals for Veterans Claims and available with the Clerk.
Aug 8, 2024CIRCULATED
Aug 9, 2024Record received from the United States Court of Appeals for the Federal Circuit. The record is electronic and is available on PACER.
Aug 20, 2024Brief of respondent Denis McDonough, Secretary of Veterans Affairs filed. (Distributed)Sep 19, 2024Reply of petitioners Joshua E. Bufkin, et al. filed. (Distributed)Oct 16, 2024Argued. For petitioners: Melanie L. Bostwick, Washington, D. C. For respondent: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Mar 5, 2025Adjudged 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.
Apr 7, 2025Judgment Issued.Recommended Citation: Bufkin v. Collins, SCOTUSblog, https://www.scotusblog.com/cases/bufkin-v-mcdonough/