Shinseki v. Sanders (2008)
- Docket
- 07-1209
- Decided
- 2008-01-01
Summary
Question: Did the U.S. Court of Appeals for the Federal Circuit err in presuming a prejudicial error when the VA fails to give notice to claimant as to who is responsible for obtaining evidence necessary to substantiate the claim? Conclusion: Yes. The Supreme Court held that the U.S. Court of Appeals for the Federal Circuit's framework for evaluating VA notice errors, conflicted with established law that the Veterans Court "take due account of the rule of prejudicial error.". With Justice Stephen G. Breyer writing for the majority and joined by Chief Justice John G. Roberts, and Justices Antonin G. Scalia, Clarence Thomas, and Samuel A. Alito, the Court reasoned that the Federal Circuit's framework was too complex, rigid, and its presumption of prejudicial error imposed an unreasonable burden upon the VA. Rather, the Court stated the proper framework for the Veterans Court to apply is the "harmless-error" rule ordinarily applied in civil cases. Justice David H. Souter dissented and was joined by Justices John Paul Stevens and Ruth Bader Ginsburg. He disagreed that a veteran claimant bore the burden of persuasion when mounting a claim against the VA. He reasoned prior practice indicated congressional favoritism of veterans and that statutory doubt should be resolved in the veteran's favor. Moreover, he disagreed with the majority in its finding that the Federal Circuit's framework was "complex" and "rigid," rather viewing it as "workable."