Supreme Court Delivers Earth-Shaking 7-2 Decision… I Can’t Believe It
For veterans, the promise once sounded simple: if the evidence was tied, the tie went to them. In practice, Bufkin v. Collins narrows how that promise can be enforced. The Supreme Court held that federal appellate judges must defer to the VA’s fact-finding and its use of the benefit-of-the-doubt rule unless there is a “clear error,” a demanding standard rarely met in close cases.
This means that veterans like Joshua Bufkin and Norman Thornton, whose claims turned on conflicting medical opinions, now face steeper odds once the VA has spoken. The ruling underscores that the real battle is at the agency level, where records, expert reports, and service histories are first assembled and judged. Advocates will need to front-load evidence, challenge gaps early, and treat every initial claim as if it might be the last meaningful chance to be heard.