Supreme Court rebuffs U.S. veteran's disability case, one conservative justice dissenting | Reuters
By: Andrew Chung (Reuters)
The U.S. Supreme Court on Monday refused to hear a dispute involving an Air Force veteran's bid to reinstate certain disability benefits denied by the U.S. Department of Veterans Affairs, prompting a sharp dissent by conservative Justice Neil Gorsuch.
S E E D E D C O N T E N T
WASHINGTON, Nov 7 (Reuters) - The U.S. Supreme Court on Monday refused to hear a dispute involving an Air Force veteran's bid to reinstate certain disability benefits denied by the U.S. Department of Veterans Affairs, prompting a sharp dissent by conservative Justice Neil Gorsuch.
In declining to take up Thomas Buffington's appeal of a lower court's decision upholding the VA's actions denying him several years of benefits, the justices passed up a chance to restrict the power of federal agencies.
Buffington's appeal had asked the high court to reconsider a landmark 1984 ruling that gave federal agencies wide latitude in interpreting laws, a form of deference that conservatives have long criticized as handing too much authority to regulatory bodies.
In a dissent from the decision to deny the case, Gorsuch wrote that courts that apply such deference fail people who are entitled to have "independent judges, not politically motivated actors, resolve their rights and duties under law."
He added, "We place a finger on the scales of justice in favor of the most powerful litigants, the federal government, and against everyone else."
Buffington served in the Air Force from 1992 to 2000, and in 2002 was granted benefits for tinnitus - a condition involving ringing in the ears that had been deemed related to his military service - which …
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An odd case.
I have to say if ringing in the ears is a disability, I would be disabled.
I agree, I have partial hearing in one ear from touring with a band for several years after college.
I think I got mine from jamming out with headphones back in the day.
uh-huh...
me too, damn car stereo. my dad worked on jet aircraft in the 50's while in the USMC. no hearing protection. filed for disability for hearing loss after discharged for hearing loss, denied. was finally awarded 80% disability for it in the 90's after the military acknowledged that jet engines damaged hearing in thousands of military aircraft maintenance techs. I kind of feel sorry for the DAV rep I unloaded on after my dad croaked for their uselessness to disabled vets.
Uh-huh...
I was in VF-102 on the Independence. Phantoms are fucking LOUD!
Fortunately the VA provided me with excellent hearing aids.
What?
another instance of "support our troops" (as long as it doesn't cost anything) from the right...
I am a little torn on this. I know our VA system doesn't exactly have a spectacular past yet is 10% hearing loss really debilitating?
Also he was suing for a year he didn't get it.
I almost want to tell him to just suck it up.
If it is, there are a shitload more of us that are debilitated.
Cracks me up every time I see that commercial about the lawsuit against the company that made military ear plugs.
Ear plugs?
You mean the spent shell casings we used to stick in our ears because we didn’t have ear plugs?
I never served. I am one of them damn civilians... Haha
Don't forget when we had to use the shell casings AND cotton swabs.
'Course, the .50's were a little large, but, man-o-man, those 7.62's fit just fine.
Or cigarette filters.
it isn't the casings that work best...
No worries, you’re in the majority. Haha
Lol. Do you think the right controls the VA and the Biden Admisntration?
the right has been a historical legislative obstruction in granting VA benefits. deny it, here.
Show us some historical proof.
look it up yourself. I'm busy with the volunteer fire dept, my job is to unzip my fly and let loose when rwnj heads catch fire...
Exactly, why should have to be that one that cites your assertion.
Because that’s how they roll ....