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NVLSP Files Supreme Court Amicus to Review Federal Circuit & CAVC Application of “Take Due Account”

Released 2/2/24 | Tags:

On February 2, 2024, the National Veterans Legal Services Program (NVLSP) filed a “friend of the Court” brief in Bufkin, Thornton v. McDonough urging the Supreme Court to review the U.S. Court of Appeals for the Federal Circuit and United States Court of Appeals for Veterans Claims (CAVC) application of the “take due account” provision of the benefit-of-the-doubt rule. NVLSP’s brief argues that the misinterpretation of the full judicial authority granted under the Veterans Benefits Act (VBA) runs counter to Congressional intent to bolster the Veterans Court’s claims review process and reduce unnecessary delays in the system. You can read our amicus brief here.

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