On March 7, 2022, Williams & Connolly submitted an amicus curiae brief to the United States Supreme Court in George v. McDonough on behalf of a group of nonprofit veterans service organizations: the National Veterans Legal Services Program, the National Organization of Veterans’ Advocates, Paralyzed Veterans of America, and Service Women’s Action Network. In George, the Court will consider whether the veterans law doctrine of “clear and unmistakable error” (known as “CUE”) extends to the VA’s application of a regulatory provision that departs from the plain language of the governing statute enacted by Congress.
The amicus brief explains the importance of CUE in ensuring that veterans can get relief from clearly incorrect decisions by the VA. CUE has been a feature of veterans’ law since the post-World War I era and its importance has endured for successive waves of veterans returning from overseas conflicts during the last century. The brief further explains that CUE should not be limited in a way that shields the VA from accountability for failing to follow Congress’s express statutory directives.
The team representing the group of veterans service organizations includes Liam Montgomery, Andrew Lemens, Ashwin Shandilya, and Perry Austin.
Click here to read the amicus brief.