Disability solutions for you and your family

Photo of attorneys Jonathan P. Gardberg and Colin Edward Kemmerly

UNITED STATES SUPREME COURT RULES FOR VETERANS!

by | Mar 16, 2011 | Veterans Disability Benefits |

On March 1, 2011, the United States Supreme Court issued a much anticipated decision in Henderson v. Shinseki, 562 U.S. ________ (2011). The unanimous Court held that the 120 days to file an appeal to the United States Court of Appeals for Veterans Claims (CAVC) from an adverse decision of the Board of Veterans Appeals (BVA) is not jurisdictional. This means that there can be exceptions to the 120 day rule that would permit a veteran to file his or her appeal to the CAVC beyond the 120 days. Unfortunately, the Court did not address what situations constitute an exception to the rule. Such situations justifying a exception to the rule will have to make their way through the courts. I expect further litigation in this area in the years to come.

Should you have any questions regarding appealing a case from the BVA 120 days after the decision was issued, please do not hesitate to contact our Firm.

Please let me know if there are any topics you would like me to discuss on this blog. Thank you.

Archives

Client Testimonials

Mr. Gardberg – I am forever in your debt. I will never be able to tell you how much I appreciate what you have done for me. I praise you and your firm for all they did to help me in my disability case. Thanks for being so kind.

– L. Nelson

Saying thank you is easy, but you will never know how you impacted my life by helping me with me Social Security disability case. This thank you comes right from the heart.

– R. Turner

Thank you, thank you , thank you to all of the angels in the law firm at Gardberg and Kemmerly. I sincerely hope you know how much you did to make my life better.

– D. Thompson

FindLaw Network