VetsFirst Takes Battle for Veterans' Rights to the U.S. Supreme Court: Fairness for Veterans With Disabilities at Stake

Friday, April 9, 2010 Medico Legal News
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NEW YORK, April 8 VetsFirst, a national veterans service organization that serves the needs of America's veterans with disabilities, their families and survivors, through its partnership with United Spinal Association, has joined in an appeal to the U.S. Supreme Court to ensure that veterans with disabilities are able to challenge denied VA benefits decisions in court.

If the Supreme Court agrees to allow the appeal to proceed and rules in favor of the veteran who brought it, many veterans whose appeals are routinely dismissed will finally have their day in court.

"VetsFirst finds it intolerable that veterans with disabilities, who are perhaps the most deserving and in need of VA benefits and health care, are denied their legal rights because of an overly rigid interpretation of a legal technicality," said Paul J. Tobin, VetsFirst's President and CEO.

The Supreme Court appeal centers on David Henderson, a Korean War veteran who was discharged from the military because of severe mental illness. Almost 50 years later, still suffering from that condition, his claim for VA disability benefits was denied at the administrative and appellate levels.

VetsFirst has filed a legal brief in support of Mr. Henderson's petition and argues that the principle of "equitable tolling" - a widely-applied legal doctrine that allows appeal deadlines to be extended because of the fundamental unfairness of strictly enforcing them in an individual case - should be applied to the veterans court appeals deadline.

Mr. Henderson missed the 120-day filing deadline by 15 days because of the VA's complicated instructions for appealing to the U.S. Court of Appeals for Veterans Claims. The veterans court subsequently granted the VA's request to dismiss the appeal because of the missed filing deadline.

Mr. Henderson appealed once more, this time to the U.S. Court of Appeals for the Federal Circuit. The Federal Circuit ruled that the 120-day filing deadline is absolute because a timely filed notice of appeal is the only way to confer jurisdiction over the appeal to the veteran's court. The court based its decision on a Supreme Court case that made a similar finding - except that the appeal involved a convicted murderer who was appealing a procedural matter under criminal law.

Several judges in Mr. Henderson's Federal Circuit decision vigorously dissented to the strict application of the 120-day veterans court deadline, finding it both "ironic and inhumane."

Mr. Henderson has appealed the Federal Circuit's decision to the Supreme Court. The first step in that process is to petition the Court to agree to review the appeal. If the Court agrees to do so, it will then decide the appeal on the merits.

Tobin explained, "Since the Federal Circuit's decision, the veterans court has been dismissing approximately two appeals per week because the veterans' notice of appeal was not filed on time. Veterans who are not represented by a service organization or an attorney when they appeal a VA denial of benefits are at a distinct disadvantage."

"It is patently unfair to treat veterans with disabilities the same as murderers and other criminals when it comes to appealing denied VA benefits. Why must veterans with disabilities with meritorious appeals be held to strict deadlines when the VA is allowed to take years or even decades to adjudicate a veteran's benefits claim?" Tobin added.

It is likely that the Supreme Court will make a decision on Mr. Henderson's petition for review before it recesses for the summer.

About VetsFirst

In partnership with United Spinal Association (, VetsFirst ( is a national 501(c)(3) non-profit membership organization. VetsFirst's network of national veterans service officers and attorneys provide assistance and representation in securing health care, disability compensation, rehabilitation, education and other benefits for its members before the Department of Veterans Affairs and in the federal courts. Membership in VetsFirst is free.

Available Topic Expert(s): For information on the listed expert(s), click appropriate link.

Paul Tobin

Leonard Selfon

SOURCE United Spinal Association

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