Doretha H. Henderson, Authorized Representative of David L. Henderson v. Shinseki
In brief
The Court overturned the Federal Circuit’s ruling and sent the case back (remanded), finding that the deadline did not take away the Veterans Court’s authority to hear the appeal.
- Where it stands
- Decided
Decided · March 1, 2011 · Opinion by Justice Alito
- What it’s about
- David Henderson appealed to the Veterans Court after the deadline for challenging a denial of veterans benefits, and the Federal Circuit said the late filing deprived that court of authority to hear his appeal.
- Who it affects
- Missing this deadline does not by itself take away the Veterans Court’s power to hear an appeal.
Summary: written with AI from the case record.

What it's about
The Supreme Court ruled the deadline did not automatically bar the appeal on that basis, overturned the Federal Circuit’s ruling, and sent the case back to that court (remanded).
The appeal challenged a denial of David Henderson’s veterans-benefits claim.
The dispute concerned the time limit for asking the Veterans Court to review a VA benefits decision.
Question presented
Is the time limit in 38 U.S.C. § 7266(a) subject to equitable tolling?
What the Court decided
Holding
The deadline for filing a notice of appeal with the Veterans Court does not have jurisdictional consequences. 589 F. 3d 1201, reversed and remanded.
- Result
- Reversed
The vote
- Majority author
- Samuel A. Alito, Jr.
What's next
The Federal Circuit must reconsider the case without treating the missed deadline as a limit on the Veterans Court’s authority.
Documents
Opinions
Audio
Docket activity
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AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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Audio Recording added: Oral Arguments - Shinseki
Opinion added: Shinseki
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.