Noteboom The Law Firm

U.S. Supreme Court May Hear Veteran Disability Case

April 12, 2010 - The U.S. Supreme Court may hear a case focusing on the needs of veterans with disabilities and their right to challenge denied Department of Veterans Affairs (VA) benefits decisions in court. If the Supreme Court agrees to hear the appeal and ends up ruling in favor of the veteran who brought the appeal, other veterans will be able to challenge routinely dismissed appeals.

David Henderson is a Korean War veteran discharged from the military almost 50 years ago because of a severe mental illness. Still suffering from that same mental illness, his disability benefits claim was denied at the administrative and appellate levels. This is the center of the appeal going before the U.S. Supreme Court.

Henderson missed his filing deadline by 15 days due to apparent VA overly complicated instructions for how to appeal to the U.S. Court of Appeals for veterans claims. Henderson's appeal was then dismissed by the veteran's court at the VA's request because of the missed filing deadline.

Henderson appealed again to the U.S. Court of Appeals for the Federal Circuit. That court ruled the 120-day filing deadline was absolute by citing a case concerning a convicted murderer. There was strong dissention in the Court placing Henderson's VA disability claim appeal on the same level as a criminal case. Henderson then appealed that decision to the U.S. Supreme Court, which is still under review by The Court. A decision is expected prior to The Court dismissing for summer.

Since the Federal Circuit court upheld the veteran's court's decision, approximately two appeals every week are denied due to the notices of appeals not being filed on time. It is astonishing the VA can take years to adjudicate a benefits claim but a veteran with a solid basis for appeal is held to strict deadlines. Veterans not represented by legal counsel put themselves at a big disadvantage, no matter how well the veteran believes he understands the system