Rare US Supreme Court Case
Veteran Disability Lawyer
It is rare for the US Supreme Court to take up a case involving veteran issues.
In a recent decision known as Henderson, Justice Samuel Alito said, “The (Department of Veterans Affairs) is charged with the responsibility of assisting veterans in developing evidence that supports their claims, and in evaluating that evidence, the VA must give the veteran the benefit of any doubt. Rigid jurisdictional treatment of the 120-day period for filing a notice of appeal in the Veterans Court would clash sharply with this scheme.”
Alito said Congress, in writing the veterans’ judicial-review law, had not prevented judges from looking at individual situations to see whether a deadline exception was warranted. VA has been strict in using deadlines to kill off a veterans claim.
Veteran disability lawyers have argued for years the Court must look at the circumstances and apply legal concepts like equitable tolling. Now the US Supreme Court has indicated agreement. This should help veterans and tell VA to be more flexible in claim review. See the following article for more information.