Veterans’ disability case goes to Supreme Court
This month, the U.S. Supreme Court heard a veterans’ disability case. The case made it to the Supreme Court after a disabled veteran was denied benefits for missing a filing deadline.
The veteran, David Henderson, was determined to be completely disabled with paranoid schizophrenia years ago after his service in the Korean War. In 2001, Henderson attempted to receive disability benefits to cover costs of the necessary in-home care related to his disability. First, the Department of Veteran Affairs denied his request and later, an appeals court denied his appeal because he missed the 120-day deadline for appeals by 15 days.
Henderson’s lawyers argue that veterans who have served for our country and become disabled should not be denied disability benefits because of a deadline that could easily be made more flexible. In addition, they stated that these deadlines have to be made flexible in cases where the deadline is missed for good reasons, like as a result of a veterans’ mental disability. The case is still being heard by 8 of the Supreme Court justices.
To discuss filing for veterans’ affairs disability benefits with an experienced and compassionate long-term disability lawyer, contact the Indiana veterans’ affairs disability attorneys of Hankey Law Office P.C. at (800) 520-3633 today.