The United States has long pledged to support those who serve, yet legal scholars and veterans’ advocates have increasingly questioned whether our institutions effectively deliver the benefits veterans have earned. This concern is most evident in the Department of Veterans Affairs, which frequently denies claims and interprets veteran-friendly statutes in ways that conflict with its duty to assist veterans. For decades, courts exacerbated this issue by applying Chevron deference in VA benefits cases, requiring them to accept the VA’s statutory interpretations even when inconsistent with congressional intent. This broad deference often led to decisions that denied veterans essential medical and financial support, eroding trust in an agency designed to support them.

The Supreme Court’s decision in Loper Bright Enterprises v. Raimondo overturned Chevron deference, presenting an opportunity to correct long-standing failures in agencies like the VA. Without Chevron, courts are no longer required to accept agency interpretations that may conflict with congressional intent, opening the door for a more just and balanced approach to veterans’ claims. This shift presents an opportunity to restore fairness to a system that has too often disadvantaged veterans.

Courts, Congress, and the VA each have a duty to uphold the pro-veteran principles embedded in Title 38. This Note provides that, to uphold this duty, courts should adopt the pro-veteran canon as the primary interpretive framework in VA benefits cases, ensuring fairness and fidelity to congressional intent. However, judicial application of this canon alone is insufficient, as courts may remain tethered to precedent developed under the now-defunct Chevron framework. A lasting solution requires judicial vigilance and deliberate legislative reform. Congress must codify its pro-veteran intent to provide clear guidance to courts and pursue reforms that cure the VA’s deficiencies. Collectively, these efforts will ensure that veterans are cared for before and after disputes arise without being mired in an opaque and burdensome legal process that too often fails them.