Henderson v. Shinseki
Issues
Does equitable tolling apply to Section 7266(a) of the Veterans Judicial Review Act, which sets a 120-day time limit for veterans to file a notice of appeal with the Court of Appeals for Veterans Claims?
David Henderson, a veteran of the Korean War, was discharged after being diagnosed with paranoid schizophrenia. After receiving a final decision from the Department of Veterans Affairs denying his request for home care, Henderson had 120 days to file notice of his intent to appeal. Henderson failed to file until 15 days after the deadline had passed and claimed that his illness prevented him from filing on time. Appearing pro se, Henderson requested the Veterans Court apply equitable tolling to permit his appeal. The court denied Henderson’s request but then requested pro bono counsel to assist Henderson in filing for rehearing. While the request for rehearing was in process, the Supreme Court of the United States decided Bowles v. Russell. The lower courts interpreted Bowles to mean that all statutory deadlines for filing appeals are jurisdictional, and therefore Henderson’s request for equitable tolling was rejected because the court could not hear the case. The Supreme Court’s decision will clarify how lower courts should evaluate statutory time limits and will help determine which procedural limits are jurisdictional and thus not subject to equitable tolling.
Questions as Framed for the Court by the Parties
Section 7266(a) of Title 38, U.S.C., establishes a 120-day time limit for a veteran to seek judicial review of a final agency decision denying the veteran's claim for disability benefits. Before the decision below, the Federal Circuit in two en banc decisions held that Section 7266(a) constitutes a statute of limitations subject to the doctrine of equitable tolling under this Court's decision in Irwin v. Department of Veterans Affairs, 498 U.S. 89 (1990). In the divided en banc decision below, however, the Federal Circuit held that this Court's decision in Bowles v. Russell, 551 U.S. 205 (2007), superseded Irwin and rendered Section 7266(a) jurisdictional and not subject to equitable tolling.
The question presented is whether the time limit in Section 7266(a) constitutes a statute of limitations subject to the doctrine of equitable tolling, or whether the time limit is jurisdictional and therefore bars application of that doctrine.
Petitioner David Henderson is a Korean War veteran who was discharged from active duty in 1952 due to paranoid schizophrenia. See Henderson v. Shinseki, 589 F.3d 1201, 1203 (Fed. Cir.