Veterans Must Prove VA Failure To Provide Information Led To Denial Of Medical Claims, Supreme Court Rules

Main Category: Veterans / Ex-Servicemen
Also Included In: Litigation / Medical Malpractice
Article Date: 23 Apr 2009 - 6:00 PDT


The U.S. Supreme Court on Tuesday in a 6-3 decision ruled that veterans who allege the Department of Veterans Affairs failed to tell them what information was needed to support their medical claims must prove that VA's actions affected the denial of their claims, the AP/Kansas City Star reports. A federal appeals court in Washington, D.C., previously had ruled that it was the responsibility of VA to prove the mistakes were not harmful to the veterans. The case involved two veterans who were denied medical treatment for conditions that the VA board said could not be proven to be service related (AP/Kansas City Star, 4/21).

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© 2009 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

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