73 Am. U. L. Rev. 1209 (2024).

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Abstract

This Comment examines the Federal Circuit’s interpretation of 38 U.S.C § 5107(b), more commonly known as the “benefit-of-the-doubt” rule as it applies to the adjudication of claims by the U.S. Department of Veterans Affairs. The benefit-of-the-doubt rule is a unique standard of proof in American jurisprudence in that, by its own text, purports to instruct the Department of Veterans Affairs to give claimants the benefit of the doubt in situations where the available evidence does clearly support a case for benefits. This Comment proceeds by reviewing the history of veteran benefits adjudication in the United States and the regulatory history of the benefit-of-the-doubt rule. It continues by analyzing the statutory history of § 5107(b) and case law interpreting it using recognized canons of statutory construction. Ultimately, this Comment concludes that the Federal Circuit has likely misinterpreted § 5107(b), narrowing its application, despite textual and Congressional evidence that it should apply more broadly than tie-breaking scenarios.

* Senior Staffer, American University Law Review, Volume 73; J.D. Candidate May 2024, American University Washington College of Law; B.A., Government & Politics, Minor, Terrorism Studies, Dec. 2010, University of Maryland-College Park. He is also a commissioned Surface Warfare Officer in the U.S. Navy Reserve, previously serving eight and a half years on active duty. His tours of duty include service aboard USS ARLINGTON (LPD 24), USS McFAUL (DDG 74), Expeditionary Strike Group TWO, and the Naval Surface and Mine Warfighting Development Center Fleet Training Atlantic (SMWDC FTL). He has deployed to the Middle East, Europe, and South America. The Author extends a heartfelt thanks to his loving wife, Jacquelyn and two children, Lianna and Viggo, without whose steadfast support this Comment would not have been possible. An additional special thanks to Professor Andrew F. Popper, Professor Elizabeth E. Beske, and Commander Matthew Ivey, Judge Advocate General’s Corps, U.S. Navy (Retired), for support in producing this Comment. All opinions relating to military service, the Federal Judiciary, and the Department of Veterans Affairs discussed herein are his own and do not reflect the views or official policy of the Department of the Navy, Department of Defense, or the U.S. Government.