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HENDERSON EX REL. HENDERSON v. SHINSEKI

No. 09-1036.

131 S.Ct. 1197 (2011)

562 U.S. 428

Doretha H. HENDERSON, authorized representative of David L. HENDERSON, Deceased, v. Eric K. SHINSEKI, Secretary of Veterans Affairs.

Supreme Court of United States.

Decided March 1, 2011.

Attorney(s) appearing for the Case

Thomas W. Stoever, Jr., Arnold & Porter LLP, Denver, CO, Lisa S. Blatt, Counsel of Record, Anthony Franze, R. Stanton Jones, Robert J. Katerberg, R. Reeves Anderson, Arnold & Porter LLP, Washington, DC, for Petitioner.

Will A. Gunn, General Counsel, David J. Barrans, Y. Ken Lee, Attorneys, Department of Veterans Affairs, Washington, D.C., Neal Kumar Katyal, Acting Solicitor General, Counsel of Record, Tony West, Assistant Attorney General, Malcolm L. Stewart, Deputy Solicitor General, Eric D. Miller, Assistant to the Solicitor General, Jeanne E. Davidson, Todd M. Hughes, Attorneys, Department of Justice, Washington, D.C., for respondent.

Justice ALITO delivered the opinion of the Court.

A veteran whose claim for federal benefits is denied by the Board of Veterans' Appeals may appeal to the United States Court of Appeals for Veterans Claims (Veterans Court). To do so, the veteran must file a notice of appeal with the Veterans Court within 120 days after the date when the Board's final decision is properly mailed. 38 U.S.C. § 7266(a). This case presents the question whether a veteran's failure...

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