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Thursday, March 01, 2012

Supreme Court ruled on time limits for veterans' disability claims
Katherine Bacher at 12:00 AM ET

On March 1, 2011, the US Supreme Court ruled 8-0 in Henderson v. Shinseki that the 120-day statute of limitations for challenging a denial of veteran's benefits is not jurisdictional. The decision overruled an earlier decision [PDF] from the US Court of Appeals for the Federal Circuit, which had affirmed the 120-day limit as jurisdictional. This case was distinguished from Bowles v. Russell, which was the basis for the Court of Appeals decision. These cases were in regards to the time limits for seeking judicial review of any denial of a veteran's claim for disability benefits. Recent controversy has also surfaced over the denial of veteran's benefits to same-sex couples.



Learn more about veterans' benefits from the JURIST news archive.




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