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Thought some posters might be interested in the George v. McDonough ruling of the Supreme Court today. This has links to the actual opinions and dissents, plus some good explainer articles: George v. McDonough - SCOTUSblog
Gist of the the case is that Kevin George enlisted in Marine Corps in 1975, did not disclose a prior history of psychotic episodes, had an episode at basic training, and was discharged for medical reasons after one week. He applied for VA disability benefits in 1975-1977, at which point the regulation relating to service connected conditions didn't extend benefits eligibility to pre-existing conditions aggravated by service (it now does). He was denied disability benefits. Once the regulation was revised to clearly include aggravated pre-existing conditions in the 2000s (maybe 2010s?--not sure), he argued that his case should be reconsidered and backpay be awarded because the previous regulation was "in clear and unmistakable error" by not including aggravated pre-existing conditions at the time. The Court ruled against him, 6-3 (but not along ideological lines, interestingly).
Thoughts?
Gist of the the case is that Kevin George enlisted in Marine Corps in 1975, did not disclose a prior history of psychotic episodes, had an episode at basic training, and was discharged for medical reasons after one week. He applied for VA disability benefits in 1975-1977, at which point the regulation relating to service connected conditions didn't extend benefits eligibility to pre-existing conditions aggravated by service (it now does). He was denied disability benefits. Once the regulation was revised to clearly include aggravated pre-existing conditions in the 2000s (maybe 2010s?--not sure), he argued that his case should be reconsidered and backpay be awarded because the previous regulation was "in clear and unmistakable error" by not including aggravated pre-existing conditions at the time. The Court ruled against him, 6-3 (but not along ideological lines, interestingly).
Thoughts?