On Tuesday, April 19, 2022 at 10am, the Supreme Court will hear oral argument in the George v. McDonough lawsuit to consider the scope of the “clear and unmistakable error” standard of review for Veterans’ claims at the Board of Veterans’ Appeals. At issue is a U.S. Marine who suffered a mental health episode a week after his induction to active duty while his entrance examination did not indicate any mental health disorders. His claim for disability compensation was later denied by the Regional Office and subsequently by the Board on the basis of his having a mental health disorder that predated service. The Veteran petitioned for revision of the decision to apply the presumption of soundness and find a “CUE”, clear and unmistakable error. You can listen live at 10am on SupremeCourt.gov!
If you’d like to read more about this case, check out SCOTUSblog: https://www.scotusblog.com/2022/04/justices-to-consider-scope-of-clear-and-unmistakable-error-review-of-veterans-affairs-decisions/