Henderson v. Shinseki, 589 F.3d 1201 (Fed. Cir. 2009)
Heads Up
🚫 This decision has been overturned. While it once expanded the doctrine of equitable tolling for veterans missing deadlines, the Supreme Court reversed it in 2011. The original ruling is preserved here for historical reference and legal research. It no longer reflects the current state of VA law.
In Henderson v. Shinseki, the Federal Circuit ruled that the 120-day deadline to file a notice of appeal to the Court of Appeals for Veterans Claims (CAVC) could be equitably tolled in certain circumstances. The veteran in this case, Mr. Henderson, was diagnosed with paranoid schizophrenia and missed his appeal deadline due to mental illness. The court ruled that because the veterans’ benefits system is supposed to be “uniquely pro-claimant,” equitable tolling could apply.
🟢 What This Would Have Meant for Your Claim
Had this ruling not been overturned, it would have allowed veterans who missed their CAVC appeal deadlines due to severe illness or hardship to argue for equitable tolling — and potentially preserve their appeal rights.
Why This Case Still Matters (Even Though It Was Overturned)
This case sparked a major legal debate about the balance between protecting veterans and maintaining administrative finality. Even though the Supreme Court ultimately reversed the Federal Circuit's decision in Henderson v. Shinseki, 562 U.S. 428 (2011), the core issue it raised — whether veterans should be punished for procedural deadlines they miss due to factors like mental illness — continues to influence how courts and advocates view equitable tolling today.
What This Means for You Now
The Supreme Court’s ruling closed the door on equitable tolling for the CAVC filing deadline. That means if you miss the 120-day deadline to appeal a BVA decision, your appeal will likely be dismissed — even if you were hospitalized, mentally impaired, or otherwise incapacitated. While this may seem harsh, it underscores the importance of filing timely or seeking help immediately if you believe you’ll miss the deadline.
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