Find Court Cases > Henderson v. Shinseki

Henderson v. Shinseki

Case Date: 12/06/2010
Docket No: none

Facts of the Case 

David Henderson filed a claim for monthly compensation with the Department of Veterans Affairs Regional Office based on his need for in-home care. The Regional Office denied the claim. Mr. Henderson appealed to the Board of Veterans' Appeals, which affirmed the Regional Office. He then filed a notice of appeal with the U.S. Court of Appeals for Veterans Claims fifteen days after the expiration of the 120-day appeal period set forth in 38 U.S.C. § 7266(a). The court of appeals denied the claim. The court of appeals held that it lacked jurisdiction because Mr. Henderson's notice of appeal was out of time and was not subject to equitable tolling.

Read the Briefs for this Case
  • Brief of the Amici Curiae National Organization of Veterans ’ Advocates , Inc . ; the Federal Bar Association , Veterans Law Section ; And Veterans for Common Sense In Support of Petitioner
  • Brief for Amici Curiae Paralyzed Veterans of America And Aarp In Support of Petitioner
    • Question 

    Is the time limit in 38 U.S.C. § 7266(a) subject to equitable tolling?

    Argument Henderson v. Shinseki - Oral ArgumentFull Transcript Text  Download MP3Henderson v. Shinseki - Opinion AnnouncementFull Transcript Text  Download MP3 Conclusion  Decision: 8 votes for Henderson, 0 vote(s) against Legal provision: Veterans’ Judicial Review Act

    Yes. The Supreme Court reversed the lower court decision in a unanimous opinion by Justice Samuel Alito. The majority held that the deadline for filing a notice of appeal with the Veterans Court does not have jurisdictional consequences. Justice Elena Kagan took no part in consideration of the case.