Doretha H. Henderson, Authorized Representative of David L. Henderson, Deceased, Petitioner v. Eric K. Shineski, Secretary of Veterans Affairs (562 U.S. 428)
U.S. Supreme Court · decided March 1, 2011 · Supreme Court Database (Spaeth)
- Citation
- 562 U.S. 428 · 131 S. Ct. 1197
- Decided
- March 1, 2011
- Term
- October Term 2010
- Vote
- 8–0
- Majority author
- Justice Alito
- Issue area
- Civil Rights
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice Alito delivered the opinion of the Court. A veteran whose claim for federal benefits is denied by the Board of Veterans’ Appeals may appeal to the United States Court of Appeals for Veterans Claims (Veterans Court). To do so, the veteran must file a notice of appeal with the Veterans Court within 120 days after the date when the Board’s final decision is properly mailed. 38 U. S. C. § 7266(a). This case presents the question whether a veteran’s failure to file a notice of appeal within the 120-day period should be regarded as having “jurisdictional” consequences. We hold that it should not. I A The Department of Veterans Affairs (VA) administers the federal program that provides benefits to veterans with service-connected disabilities. The VA has a two-step process for the adjudication of these claims. First, a VA regional office receives and processes veterans’ claims and makes an initial decision on whether to grant or deny benefits. Second, if a veteran is dissatisfied with the regional office’s decision, the veteran may obtain de novo review by the Board of Veterans’ Appeals. The Board is a body within the VA that makes the agency’s final decision in cases appealed to it. §§ 7101, 7104(a). The VA’s adjudicatory “process is designed to function throughout with a high degree of informality and solicitude for the claimant.” Walters v. National Assn. of Radiation…
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