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Administrative Law Keyed to Seamon
Kisor v. Wilkie
Citation:
139 S. Ct. 2400 (2019)Facts
James Kisor, a Vietnam War veteran who served in combat operations including Operation Harvest Moon, applied for disability benefits for PTSD in 1982. The VA denied his claim, finding he did not suffer from PTSD. In 2006, Kisor moved to reopen his claim with new evidence, including a new psychiatric report and additional service records confirming his participation in Operation Harvest Moon. The VA granted his claim but only from 2006, not retroactively to 1982. The VA regulation at issue allowed retroactive benefits if there were “relevant official service department records” not previously considered. The Board of Veterans’ Appeals determined that Kisor’s new records were not “relevant” because they only confirmed his participation in combat (which was not disputed) but did not address the reason for the original denial—that he did not have PTSD. The Federal Circuit deferred to the Board’s interpretation of “relevant” under Auer, finding it neither plainly erroneous nor inconsistent with the regulatory framework.
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