Supreme Court of the United States

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

March 1, 2011131 S. Ct. 1197

Summary

The Supreme Court held that the 120-day deadline for appealing a Board of Veterans’ Appeals decision to the Veterans Court is not jurisdictional but a mandatory claim-processing rule subject to equitable tolling. The Court found Congress did not clearly indicate jurisdictional consequences, citing the unique pro-veteran scheme and lack of jurisdictional language in the statute.

Holding

  • Whether the 120-day filing deadline under 38 U.S.C. § 7266(a) is jurisdictional.. The deadline is not jurisdictional but is a claim-processing rule.

Docket No. 09-1036

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