George v. McDonough, No. 21-234 [Arg: 04.19.2022]
Issue(s): Whether, when the Department of Veterans Affairs denies a veteran’s claim for benefits in reliance on an agency interpretation that is later deemed invalid under the plain text of the statutory provisions in effect at the time of the denial, that is the kind of “clear and unmistakable error” that the veteran may invoke to challenge VA’s decision.
QUESTION PRESENTED:
Whether, when the Department of Veterans Affairs denies a veteran’s claim for benefits in reliance on an agency interpretation that is later deemed invalid under the plain text of the statutory provisions in effect at the time of the denial, that is the kind of “clear and unmistakable error” that the veteran may invoke to challenge VA’s decision.
Date Proceedings and Orders
Aug 13 2021 | Petition for a writ of certiorari filed. (Response due September 16, 2021)
Aug 24 2021 | Motion to extend the time to file a response from September 16, 2021 to October 18, 2021, submitted to The Clerk.
Aug 25 2021 | Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2021.
Sep 15 2021 | Brief amicus curiae of Jeremy C. Doerre filed.
Sep 16 2021 | Brief amicus curiae of Military-Veterans Advocacy filed.
Oct 05 2021 | Motion to extend the time to file a response from October 18, 2021 to November 17, 2021, submitted to The Clerk.
Oct 06 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including November 17, 2021.
Nov 08 2021 | Motion to extend the time to file a response from November 17, 2021 to December 8, 2021, submitted to The Clerk.
Nov 09 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including December 8, 2021.
Dec 08 2021 | Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs in opposition filed.
Dec 20 2021 | Reply of petitioner Kevin R. George filed. (Distributed)
Dec 22 2021 | DISTRIBUTED for Conference of 1/7/2022.
Jan 10 2022 | DISTRIBUTED for Conference of 1/14/2022.
Jan 14 2022 | Petition GRANTED.
Jan 25 2022 | Motion to dispense with printing the joint appendix filed by petitioner Kevin R. George.
Feb 22 2022 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 28 2022 | Brief of petitioner Kevin R. George filed.
Mar 03 2022 | Amicus brief of Disabled American Veterans not accepted for filing. (March 03, 2022--Corrected version to be submitted)
Mar 03 2022 | Brief amicus curiae of Disabled American Veterans (3/3/2022) filed.
Mar 04 2022 | Brief amicus curiae of National Law School Veterans Clinic Consortium filed.
Mar 07 2022 | Brief amicus curiae of Military-Veterans Advocacy and Legal Aid Foundation of Los Angeles filed.
Mar 07 2022 | Brief amici curiae of Senators Ted Cruz and Mike Lee filed.
Mar 07 2022 | Brief amici curiae of National Veterans Legal Services Program, et al. filed.
Mar 07 2022 | Brief amici curiae of Swords to Plowshares and Vietnam Veterans of America filed.
Mar 15 2022 | ARGUMENT SET FOR Tuesday, April 19, 2022.
Mar 16 2022 | Record requested from the U.S.C.A. Federal Circuit.
Mar 18 2022 | The record from the U.S.C.A. Federal Circuit is electronic and located on Pacer.
Mar 23 2022 | CIRCULATED
Mar 28 2022 | The record received from the U.S. Court of Appeals for Veterans Claims has been electronically filed.
Mar 30 2022 | Brief of Denis R. McDonough, Secretary of Veterans Affairs not accepted for filing. (April 01, 2022--Corrected brief and PDF to be submitted.)
Mar 30 2022 | Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs filed. (Distributed)
Apr 08 2022 | Reply of petitioner Kevin R. George filed. (Distributed)
Apr 19 2022 | Argued. For petitioner: Melanie L. Bostwick, Washington, D. C. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
★ Support this podcast on Patreon ★
Whether, when the Department of Veterans Affairs denies a veteran’s claim for benefits in reliance on an agency interpretation that is later deemed invalid under the plain text of the statutory provisions in effect at the time of the denial, that is the kind of “clear and unmistakable error” that the veteran may invoke to challenge VA’s decision.
Date Proceedings and Orders
Aug 13 2021 | Petition for a writ of certiorari filed. (Response due September 16, 2021)
Aug 24 2021 | Motion to extend the time to file a response from September 16, 2021 to October 18, 2021, submitted to The Clerk.
Aug 25 2021 | Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2021.
Sep 15 2021 | Brief amicus curiae of Jeremy C. Doerre filed.
Sep 16 2021 | Brief amicus curiae of Military-Veterans Advocacy filed.
Oct 05 2021 | Motion to extend the time to file a response from October 18, 2021 to November 17, 2021, submitted to The Clerk.
Oct 06 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including November 17, 2021.
Nov 08 2021 | Motion to extend the time to file a response from November 17, 2021 to December 8, 2021, submitted to The Clerk.
Nov 09 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including December 8, 2021.
Dec 08 2021 | Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs in opposition filed.
Dec 20 2021 | Reply of petitioner Kevin R. George filed. (Distributed)
Dec 22 2021 | DISTRIBUTED for Conference of 1/7/2022.
Jan 10 2022 | DISTRIBUTED for Conference of 1/14/2022.
Jan 14 2022 | Petition GRANTED.
Jan 25 2022 | Motion to dispense with printing the joint appendix filed by petitioner Kevin R. George.
Feb 22 2022 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 28 2022 | Brief of petitioner Kevin R. George filed.
Mar 03 2022 | Amicus brief of Disabled American Veterans not accepted for filing. (March 03, 2022--Corrected version to be submitted)
Mar 03 2022 | Brief amicus curiae of Disabled American Veterans (3/3/2022) filed.
Mar 04 2022 | Brief amicus curiae of National Law School Veterans Clinic Consortium filed.
Mar 07 2022 | Brief amicus curiae of Military-Veterans Advocacy and Legal Aid Foundation of Los Angeles filed.
Mar 07 2022 | Brief amici curiae of Senators Ted Cruz and Mike Lee filed.
Mar 07 2022 | Brief amici curiae of National Veterans Legal Services Program, et al. filed.
Mar 07 2022 | Brief amici curiae of Swords to Plowshares and Vietnam Veterans of America filed.
Mar 15 2022 | ARGUMENT SET FOR Tuesday, April 19, 2022.
Mar 16 2022 | Record requested from the U.S.C.A. Federal Circuit.
Mar 18 2022 | The record from the U.S.C.A. Federal Circuit is electronic and located on Pacer.
Mar 23 2022 | CIRCULATED
Mar 28 2022 | The record received from the U.S. Court of Appeals for Veterans Claims has been electronically filed.
Mar 30 2022 | Brief of Denis R. McDonough, Secretary of Veterans Affairs not accepted for filing. (April 01, 2022--Corrected brief and PDF to be submitted.)
Mar 30 2022 | Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs filed. (Distributed)
Apr 08 2022 | Reply of petitioner Kevin R. George filed. (Distributed)
Apr 19 2022 | Argued. For petitioner: Melanie L. Bostwick, Washington, D. C. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C.