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.
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