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No. 21-972October Term 2021Decided Nov 7, 2022

Docket 21-972October Term 2021 (2021–2022)

Buffington v. McDonough

At stake is both a veteran's back-pay date and a bigger rule about how courts read veterans' laws when the VA offers its own interpretation.

Case status

Current stage
Decided
Latest event
Decision released Nov 7, 2022
Case Accepted
Arguments
Decision ReleasedNov 7, 2022
What it's about

This case is about a veteran whose disability compensation stopped when he returned to active duty and who later sought to restart those benefits after leaving service. The dispute is over how far back the benefits should be paid and whether courts must apply the pro-veteran rule of interpretation before deferring to the Department of Veterans Affairs’ reading of the statute.

Question presented

1. Whether the court of appeals correctly held that petitioner — a veteran who received disability-based compensation, who then returned to and subsequently was released from active duty, but who did not file a claim for recommencement of compensation until several years after his release — was entitled to renewed disability-based compensation with an effective date one year before his claim for recommencement. 2. Whether Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), should be overruled.

Case path

United States Court of Appeals for the Federal Circuit / Decision released Nov 7, 2022

Area

Administrative Law

Briefing

What it's about

This case asks whether a veteran who returned to active duty and later sought to restart disability payments can get benefits going back one year before he filed his new claim. It also raises a broader question: whether courts must use the pro-veteran rule of interpretation before deferring to the Department of Veterans Affairs' reading of the law, and whether Chevron should be overruled.

Vote

The case is pending and has not been scheduled for oral argument. The petition argues that courts should apply the pro-veteran rule before deferring to the VA, and it also asks the Court to reconsider Chevron.

Impact

The answer could affect how much back pay some veterans receive after leaving active duty and restarting disability compensation. For example, a veteran who waited years to reapply could gain or lose months of benefits depending on how the rule is read.

What's next

Watch for oral argument or another scheduling move from the Court. No decision window is available yet.

What is the main fight in Buffington v. McDonough?

The fight is over how far back disability payments should restart and whether courts must read veterans' laws favorably before deferring to VA.

Why could this matter for other veterans?

A veteran who returns to service and later files late could gain or lose months of benefits, and the case could shape VA disputes.

What should court watchers look for next?

Watch for the Court to schedule argument or make another docket move showing whether it will take up the benefits and Chevron questions.

Decision

Decision record

What the Court decided

At stake is both a veteran's back-pay date and a bigger rule about how courts read veterans' laws when the VA offers its own interpretation.

Impact

The answer could affect how much back pay some veterans receive after leaving active duty and restarting disability compensation. For example, a veteran who waited years to reapply could gain or lose months of benefits depending on how the rule is read.

Not official Court text.

Opinion documents

Timing

Decided November 7, 2022

The Court released its decision on November 7, 2022 without hearing oral argument.

Grounding

Grounding
Primary materials plus reporting.
Note
Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
Checked
Jul 2, 2026
Primary materials7
Context reporting2