HENDERSON v. SHINSEKI

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Case Basics
Docket No. 
09-1036
Petitioner 
Doretha H. Henderson, Authorized Representative of David L. Henderson, Deceased
Respondent 
Eric K. Shinseki, Secretary of Veterans Affairs
Decided By 
Advocates
(for the petitioner)
(Assistant to the Solicitor General, Department of Justice, for the respondent)
Term:
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.

Question 

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

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.

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HENDERSON v. SHINSEKI . The Oyez Project at IIT Chicago-Kent College of Law. 10 September 2014. <http://www.oyez.org/cases/2010-2019/2010/2010_09_1036>.
HENDERSON v. SHINSEKI , The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/2010-2019/2010/2010_09_1036 (last visited September 10, 2014).
"HENDERSON v. SHINSEKI ," The Oyez Project at IIT Chicago-Kent College of Law, accessed September 10, 2014, http://www.oyez.org/cases/2010-2019/2010/2010_09_1036.