Washington, DCIt's a small VA benefits victory—but a victory nonetheless for proud Americans who serve their country in times of conflict, only to be constricted by regulatory red tape that fails to take their sacrifice and service into account. To that end, a recent ruling by the Supreme Court can no longer help the original plaintiff, but will serve to benefit other veterans who come after him.
In sum, the ruling held that veterans who suffer from metal illness should not be held to rigid deadlines when applying for benefits or appealing a denial of benefits.
When David Henderson was discharged from the armed forces in 1952 after serving for two years, he was diagnosed with paranoid schizophrenia. Due to his illness, Henderson was deemed 100 percent disabled.
In 2001, Henderson applied for VA disability benefits—namely, home care. However, according to an Associated Press (AP) report dated March 1, Henderson's claim was denied. The denial started the clock running on an appeals process that afforded a window of 120 days—a deadline Henderson missed by 15 days, according to the AP report.
In the view of the veteran's court and a federal appeals court, the missed deadline ended it. Case closed. Henderson never lived to see his home care. Nine years after originally applying for the specific veteran benefits related to home care, Henderson died in October of last year.
The system failed David Henderson. However, his widow Dorthea decided to ensure that such a failure would not impact deserving veterans in the future and continued to pursue her late husband's case, arguing that the original intent of Congress was for disabled veteran's benefits and the benefits system to be helpful to vets, rather than a hindrance.
The Supreme Court agreed.
"The VA is charged with the responsibility of assisting veterans in developing evidence that supports their claims, and in evaluating that evidence, the VA must give the veteran the benefit of any doubt," Justice Samuel Alito wrote for a unanimous court. "Rigid jurisdictional treatment of the 120-day period for filing a notice of appeal would clash sharply with this scheme."
The VA disability victory came too late to help David Henderson. The Supreme Court decision will, however, help those veterans still facing a rigid benefits system.
American Legion National Commander Jimmie Foster praised the decision in comments published March 1 in States News Service. "Our veterans sacrifice so very much serving in combat thousands of miles from home," Foster said. "They deserve every opportunity and consideration in applying for the benefits they earned through their service. The American Legion is proud to have been a friend of the court in this litigation," involving disabled veterans benefits.
If you or a loved one have suffered losses in this case, please click the link below and your complaint will be sent to a personal injury lawyer who may evaluate your VA Disability claim at no cost or obligation.