Kisor v. Wilkie
United States Supreme Court
139 S. Ct. 2400 (2019)
- Written by Jamie Milne, JD
Facts
In 1982, the Department of Veterans Affairs (VA) (defendant) denied former marine James Kisor (plaintiff) benefits for posttraumatic stress disorder. In 2006, Kisor moved to reopen his claim. This time, the VA deemed him eligible for benefits. However, the VA granted benefits only from the date of the motion to reopen, not retroactively from the date of Kiser’s original application. The Board of Veterans’ Appeals and the Court of Appeals for Veterans Claims affirmed, interpreting a VA regulation as preventing retroactive benefits. A federal court of appeals also affirmed, relying on the Auer doctrine, under which federal courts defer to an agency’s reasonable interpretation of its own ambiguous rules. The federal court of appeals concluded that the VA regulation was ambiguous and deference to the VA’s interpretation was therefore proper. Kisor sought review by the United States Supreme Court, arguing that Auer should be overruled.
Rule of Law
Issue
Holding and Reasoning (Kagan, J.)
Concurrence (Roberts, C.J.)
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