March 28, 2026
In Bufkin v. Collins, the U.S. Supreme Court held on March 5, 2025, that the Veterans Court does not have to independently reweigh the Department of Veterans Affairs’ application of the “benefit-of-the-doubt” rule. Instead, the Court said legal questions are reviewed de novo, while the VA’s determination that the evidence is in “approximate balance” is a predominantly factual finding reviewed only for clear error.
The case involved two veterans—Joshua Bufkin and Norman Thornton—who sought PTSD-related disability benefits and challenged adverse VA decisions after their claims were denied by the agency and upheld on appeal. The Court’s ruling leaves the VA’s factual judgment intact unless a reviewing court finds a clear mistake.
Justice Clarence Thomas wrote for the 7-2 majority, joined by Chief Justice Roberts and Justices Alito, Sotomayor, Kagan, Kavanaugh, and Barrett. Justice Jackson dissented, joined by Justice Gorsuch.
The practical effect, as the decision makes clear, is that veterans appealing close cases will face a narrower path in federal court: judges will not reweigh the evidence from scratch, but will instead look for clear error in how the VA assessed it.
