Indiana Accident News

Supreme Court Hears Veterans’ Disability Deadline Case

The United States Supreme Court is currently hearing a case that could affect hundreds or even thousands of US war veterans who are seeking VA disability benefits. The case concerns whether or veterans who miss important deadlines concerning their cases should be allowed leniency and a second chance to seek compensation for treatment and support.

The VA disability benefits Supreme Court case centers around Korean War veteran David Henderson, who came back from serving his country with paranoid schizophrenia. His mental disorder prevented him from leading any sort of normal like, holding down a job, or supporting his wife. It also, his VA disability attorney argued, prevented him from meeting a 120-day deadline related to receiving a new amount for his monthly medical care in 2001. The Department of Veteran’s Affairs denied his appeal because his application was two weeks late.

At this point, the Supreme Court Justices seem split on the case. Some believe that our war veterans, out of everyone who seeks disability benefits from the government, should deserve our respect, understanding, and leniency. Because many of the veterans who need medical support also struggle with getting assistance with their VA disability applications and appeals, sometimes the vets who most need help are also the ones most likely to miss deadlines and not understand the disability benefits process.

However, some judges said that 120 days – about four months – is a reasonable amount of time to act for anyone seeking benefits and that the rules should not be bent even for the most deserving veterans. Some judges pointed to a 2007 case heard by the Supreme Court, Bowles v. Russell, in which a convicted murderer missed an appeal deadline. In that case, the justices agreed that the deadline should hold fast.

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