by Kristina Derro
Veteran Disability Lawyer
A recent order by the U.S. Court of Appeals for Veterans Claims put a stay on all cases in which the VA alleged that the Veteran did not appeal a denied Board of Veterans’ Appeals decision within the 120-day deadline. A recent ruling by the U.S. Supreme Court, Henderson v. Shinseki, 131 S. Ct. 1197 (2011), held that the 120-day deadline which the Veteran has to appeal a denied Board decision is not jurisdictional. Therefore, the Supreme Court found that the 120-day deadline is subject to equitable tolling.
What this means, is that if the Veteran had a legitimate reason for not being able to appeal the decision within the 120-day period, the Court will have to consider it. Right now, the Court put all the cases on hold while the judges confer and issue a decision in Henderson about what facts will constitute a “good excuse” for equitable tolling.
To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com
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Showing posts with label US Court of Appelas for Veterans Claims. Show all posts
Showing posts with label US Court of Appelas for Veterans Claims. Show all posts
Tuesday, July 5, 2011
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