Supreme Court of the United States

Doretha H. Henderson, Authorized Representative of David L. Henderson v. Eric K. Shinseki

March 1, 2011179 L. Ed. 2d 159

Summary

The Supreme Court held that the 120-day filing deadline for appealing Board of Veterans' Appeals decisions to the Veterans Court is not jurisdictional. The Court reasoned that under the unique pro-veteran statutory scheme, Congress did not clearly intend the deadline to be jurisdictional. Consequently, the deadline is a claim-processing rule subject to equitable tolling.