George v. McDonough
View Official PDFBelow are plain-language sections to help you understand what the Court decided in George v. McDonough and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of George v. McDonough.
In George v. McDonough, the Supreme Court addressed whether the invalidation of a VA regulation after a veteran's benefits decision becomes final can support a claim for collateral relief based on clear and unmistakable error. The Court affirmed the Federal Circuit's decision, concluding that such invalidation does not fall within the narrow category of errors permitting revision of a final decision under 38 U.S.C. §§ 5109A and 7111.
Holding
The single most important “bottom line” of what the Court decided in George v. McDonough.
The Court held that the invalidation of a VA regulation after a veteran's benefits decision becomes final cannot support a claim for collateral relief based on clear and unmistakable error.
Constitutional Concepts
These are the Constitution-related themes that appear in George v. McDonough. Click a concept to see other cases that involve the same idea.
-
Why Administrative Law is relevant to George v. McDonough
The case revolves around the interpretation and application of a VA regulation and its subsequent invalidation, which relates to the constitutional limits on agency authority.
Syllabus excerpt (verbatim)The invalidation of a VA regulation after a veteran's benefits decision becomes final cannot support a claim for collateral relief based on clear and unmistakable error.
-
Why Judicial Review is relevant to George v. McDonough
The case involves the power of courts to review and potentially invalidate agency decisions based on changes in law or interpretation.
Syllabus excerpt (verbatim)The invalidation of a prior regulation constitutes a 'change in interpretation of law' under historical agency practice.
Key Quotes
Short excerpts from the syllabus in George v. McDonough that support the summary and concepts above.
The invalidation of a VA regulation after a veteran's benefits decision becomes final cannot support a claim for collateral relief based on clear and unmistakable error.
The statutory term 'clear and unmistakable error' does not encompass a claim like George's.
