No. 25-609

Clinton Siples v. Douglas A. Collins, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2025-11-25
Status: Pending
Type: Paid
Amici (4)Response RequestedResponse Waived Experienced Counsel
Tags: administrative-law agency-decision clear-unmistakable-error judicial-review legal-interpretation veterans-benefits
Key Terms:
AdministrativeLaw SocialSecurity JusticiabilityDoctri
Latest Conference: 2026-01-09
Question Presented (AI Summary)

To establish 'clear and unmistakable error' based on legal error, must a veteran show that there was an error of law at the time of the challenged decision which undebatably altered the outcome of the benefits decision, or must a veteran also show that the meaning of the law itself was undebatable?

Question Presented (from Petition)

In the uniquely pro -claimant veteransbenefits system, Congress has provided that an otherwisefinal agency decision is subject to revision if that decision was based on “clear and unmistakable error,” or “CUE.” Regulations and longstanding agency practice dictate that CUE is “the kind of error, of fact or of law, that when called to the attention of later reviewers compels the conclusion, to which reasona-ble minds could not differ, that the result would have been manifestly different but for the error.” 38 C.F.R. § § 3.105(a)(1)(i), 20.1403(a), (c). And, as this Court confirmed in George v. McDonough , 596 U.S. 740 (2022), the error must be based on the law that applied at the time of the original decision, not a lat-er change in law or interpretation. In the decision below, the Federal Circuit misread George to require more. It held that a CUE claimant must show not only that a legal error had a clear effect on the outcome of a benefits decision , but also that the law itself was undebatably clear at the time of the prior decision. The question presented is: To establish “clear and unmistakable error” based on legal error , must a veteran show that there was an error of law at the time of the challenged decision which undebatably altered the outcome of the benefits decision, as the regulatory text provides, or must a veteran also show that the meaning of the law itself was undebatable, as the Federal Circuit held?

Docket Entries

2026-01-23
Motion to extend the time to file a response is granted and the time is extended to and including February 27, 2026.
2026-01-22
Motion to extend the time to file a response from January 28, 2026 to February 27, 2026, submitted to The Clerk.
2026-01-22
Motion of Collins, Sec. of VA for an extension of time submitted.
2025-12-29
Brief amicus curiae of MILITARY-VETERANS ADVOCACY filed.
2025-12-29
Response Requested. (Due January 28, 2026)
2025-12-29
Amicus brief of MILITARY-VETERANS ADVOCACY submitted.
2025-12-23
DISTRIBUTED for Conference of 1/9/2026.
2025-12-23
Amicus brief of Swords to Plowshares, Connecticut Veterans Legal Center, and the Veteran Advocacy Project submitted.
2025-12-23
Brief amici curiae of Swords to Plowshares, et al. filed.
2025-12-22
Brief amici curiae of The National Organization of Veterans' Advocates. et al. filed. (Distributed)
2025-12-22
Brief amicus curiae of Federal Circuit Bar Association filed.
2025-12-22
Amicus brief of Federal Circuit Bar Association submitted.
2025-12-22
Amicus brief of The National Organization of Veterans' Advocates and the National Law School Veterans Clinic Consortium submitted.
2025-12-17
Waiver of right of respondent Douglas A. Collins, Secretary of Veterans Affairs to respond filed.
2025-12-17
Waiver of right of respondent Collins, Sec. of VA to respond filed.
2025-12-17
Waiver of Collins, Sec. of VA of right to respond submitted.
2025-11-19
Petition for a writ of certiorari filed. (Response due December 26, 2025)

Attorneys

Clinton Siples
Melanie Lynn BostwickOrrick, Herrington & Sutcliffe LLP, Petitioner
Melanie Lynn BostwickOrrick, Herrington & Sutcliffe LLP, Petitioner
Melanie Lynn BostwickOrrick, Herrington & Sutcliffe LLP, Petitioner
Collins, Sec. of VA
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Federal Circuit Bar Association
Laura Elizabeth PowellWilmerHale, Amicus
Laura Elizabeth PowellWilmerHale, Amicus
Laura Elizabeth PowellWilmerHale, Amicus
MILITARY-VETERANS ADVOCACY
Michael E. JoffreSterne, Kessler, Goldstein & Fox P.L.L.C., Amicus
Michael E. JoffreSterne, Kessler, Goldstein & Fox P.L.L.C., Amicus
Michael E. JoffreSterne, Kessler, Goldstein & Fox P.L.L.C., Amicus
Swords to Plowshares, Connecticut Veterans Legal Center, and the Veteran Advocacy Project
Zachary D. TrippWeil, Gotshal & Manges LLP, Amicus
Zachary D. TrippWeil, Gotshal & Manges LLP, Amicus
Zachary D. TrippWeil, Gotshal & Manges LLP, Amicus
The National Organization of Veterans' Advocates and the National Law School Veterans Clinic Consortium
Elizabeth Catherine RinehartVenable LLP, Amicus
Elizabeth Catherine RinehartVenable LLP, Amicus
Elizabeth Catherine RinehartVenable LLP, Amicus