09-1036 Henderson v. Shinseki

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Veterans
Appeal

The deadline for filing a notice of appeal with the Veterans Court does not have jurisdictional consequences.

Several factors indicate that 120-day deadline was not meant to be jurisdictional. The terms of §7266(a), which sets the deadline, provide no clear indication that the provision was meant to carry jurisdictional consequences. It neither speaks in “jurisdictional terms” nor refers “in any way to the jurisdiction of the [Veterans Court],” Zipes v. Trans World Airlines, Inc., 455 U. S. 385, 394. Nor does §7266’s placement within the VJRA provide such an indication. Its placement in a subchapter entitled “Procedure,” and not in the subchapter entitled “Organization and Jurisdiction,” suggests that Congress regarded the 120-day limit as a claim-processing rule. Most telling, however, are the singular characteristics of the review scheme that Congress created for adjudicating veterans’ benefits claims. Congress’ longstanding solicitude for veterans, United States v. Oregon, 366 U. S. 643, 647, is plainly reflected in the VJRA and in subsequent laws that place a thumb on the scale in the veteran’s favor in the course of administrative and judicial review of VA decisions. The contrast between ordinary civil litigation—which provided the context in Bowles—and the system Congress created for veterans is dramatic. In ordinary civil litigation suits must generally be commenced within a specified limitations period; the litigation is adversarial; plaintiffs must gather the evidence supporting their claims and generally bear the burden of production and persuasion; both parties may appeal an adverse decision; and a final judgment may be reopened only in narrow circumstances. By contrast, a veteran need not file an initial benefits claim within any fixed period; the VA proceedings are informal and nonadversarial; and the VA assists veterans in developing their supporting evidence and must give them the benefit of any doubt in evaluating that evidence. A veteran who loses before the Board may obtain review in the Veterans Court, but a Board decision in the veteran’s favor is final. And a veteran may reopen a claim simply by presenting new and material evidence. Rigid jurisdictional treatment of the 120-day period would clash sharply with this scheme. Particularly in light of “the canon that provisions for benefits to members of the Armed Services are to be construed in the beneficiaries’ favor,” King v. St. Vincent’s Hospital, 502 U. S. 215, 220–221, n. 9, this Court sees no clear indication that the 120-daylimit was intended to carry the harsh consequences that accompany the jurisdiction tag. Contrary to the Government’s argument, the lack of review opportunities for veterans before 1988 is of little help in interpreting §7266(a). Section 7266(a) was enacted as part of the VJRA, and that legislation was decidedly favorable to veterans.

589 F. 3d 1201, reversed and remanded.

09-1036 Henderson v. Shinseki

Alito, J.

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