Veterans Lose Ground in Appeals Battle After Supreme Court Ruling

In a ruling that could quietly reshape how veterans pursue disability claims, the U.S. Supreme Court has sided with the VA, limiting judicial review of how the “benefit-of-the-doubt” rule is applied.

This decision effectively confirms that when the VA denies a claim, its judgment on whether to apply that rule of leniency cannot be second-guessed by higher courts. It places even more weight on how veterans build their case from day one — because once it’s denied, the ability to challenge it just got harder.

What Was the Case About?

The case involved Army veteran James Buffkin, who filed for disability due to service-connected mental health conditions. After his claim was denied by the VA, Buffkin appealed through the usual channels — arguing that the VA had failed to apply the “benefit-of-the-doubt” rule properly.

That rule, by law, is supposed to tip the scale in the veteran’s favor when there is an even balance of evidence — essentially a tiebreaker.

But the Supreme Court ruled that determining whether evidence is “evenly balanced” is a factual matter, not a legal one — meaning the higher courts cannot step in to question how the VA made that judgment.

“We hold that the Veterans Court must review the VA’s application of the rule the same way it would any other determination — by reviewing legal issues [from the beginning] and factual issues for clear error,” Thomas wrote.

Read more on the decision from Military.com.

Why This Matters to Veterans

This ruling doesn’t eliminate the benefit-of-the-doubt rule — but it does make it harder to enforce. If the VA says your evidence wasn’t strong enough, you can still appeal — but you may not be able to argue how they weighed the evidence unless it was clearly unlawful.

That gives VA adjudicators more discretion and puts more responsibility on you or your representative to get it right the first time. Here’s what could be impacted:

• PTSD, MST, Gulf War Illness, and other “invisible injuries” claims
• Veterans with claims based on limited or outdated records
• Cases with conflicting medical opinions (e.g., private doctor vs. C&P examiner)

What Veterans Should Do Differently Now?

In light of this decision, veterans filing claims or appeals should take extra care to build the strongest case possible up front. Here are five steps to take:

• File a Supplemental Claim (VA Form 20-0995) With New and Relevant Evidence
  If you’ve been denied, bring new material — because simply arguing how the VA weighed the old evidence might not cut it anymore.

• Back Your Claim With Medical Evidence
  Don’t just submit symptoms. Get a doctor to connect your condition directly to service (a “nexus letter”).

• Write a Detailed Statement in Support of Claim (VA Form 21-4138)
  The more context and clarity you give about how your condition developed, the better.

• Use Buddy Statements When Official Records Are Thin
  Statements from fellow service members, spouses, or close friends can make a difference.

• Work With a VSO or Accredited Attorney
  They know how to present the right evidence in the right way — especially now that appeals may hit roadblocks earlier. You’ll need to work with a VSO if filing an initial claim or increase, but we strongly suggest seeking legal advice from a VA-accredited attorney whenever you disagree with an initial decision or increase decision.

Strategy Over Sympathy …

Let’s be honest — this decision adds more pressure to veterans to “get it right” in a system that’s already known for being complicated. It doesn’t take away your right to appeal, but it does make it easier for the VA to say, “our judgment stands,” without further accountability.

Now more than ever, a strong initial claim could mean the difference between approval and years of frustration.

We’ll keep tracking how this affects real veterans, and continue pushing for policies that make the system work for you — not against you.

Have you been denied a claim that should’ve gone in your favor?

Share your story at DisabledVeterans.org/contact — and help us make sure no veteran gets left behind in the process.