Henderson v. Shinseki (2010)

Docket
09-1036
Decided
2010-01-01

Summary

Question: Is the time limit in 38 U.S.C. § 7266(a) subject to equitable tolling? Conclusion: Yes. The Supreme Court reversed the lower court decision in a unanimous opinion by Justice Samuel Alito. The majority held that the deadline for filing a notice of appeal with the Veterans Court does not have jurisdictional consequences. Justice Elena Kagan took no part in consideration of the case.

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