VetsFirst believes that the 120-day filing period to appeal a Board of Veterans’ Appeals decision should not be used to deny veterans their appeal rights if their failure to meet the deadline is a result of a disability. An upcoming U.S. Supreme Court case will now decide whether a veteran’s notice of appeal can be late if there is sufficient reason.

In the case of Henderson v. Shinseki, the U.S. Supreme Court will determine whether the U.S. Court of Appeals for Veterans Claims should have applied a legal doctrine known as equitable tolling to determine whether an appeal of a Board of Veterans’ Appeals decision filed after the expiration of the 120-day filing period should be accepted.

The case involves Korean War veteran David Henderson. Mr. Henderson has a 100 percent service-connected disability rating due to severe mental illness. Prior to seeking review by the Supreme Court, the U.S. Court of Appeals for the Federal Circuit upheld the decision of the U.S. Court of Appeals for Veterans Claims to strictly apply the 120-day filing period and reject his appeal because he had missed the deadline by 15 days.

The claim Mr. Henderson was seeking to appeal would increase his level of compensation due to his need for additional services and supports. Mr. Henderson argues that he was unable to understand the appeals process and subsequently missed the appeal deadline because of his service-connected disability.

Mr. Henderson is not alone. Other veterans have been denied their appeal rights due to similar circumstances. Mr. Henderson’s case could potentially change that.

VetsFirst filed a legal brief in support of Mr. Henderson’s petition. VetsFirst believes that veterans such as Mr. Henderson should be able to appeal decisions by the Board of Veterans’ Appeals even if their appeal is filed after the 120-day filing period when they can show good cause as to why they were unable to meet the deadline. Deference should be given to veterans seeking assistance from the VA whenever possible, particularly when the impacts of service-connected disabilities lead to missed deadlines.

It is a widely-applied legal doctrine that an appeal deadline should be extended if it would be fundamentally unfair to strictly enforce the deadline in an individual case. VetsFirst believes that this doctrine should be invoked to help veterans like Mr. Henderson in filing appeals before the U.S. Court of Appeals for Veterans Claims.

VetsFirst hopes that the Supreme Court will rule that equitable tolling should apply in these cases to ensure that all veterans with meritorious claims are able to receive the benefits they have earned through their service to our nation.

United Spinal Association, Inc. (United Spinal) is currently seeking a Senior Accountant who can perform the essential functions as described below. Located in Queens, New York, United Spinal is a national 501 (c)(3) dedicated to enhancing the lives of people with spinal cord injuries and disorders.

Founded in 1947 as Eastern Paralyzed Veterans Association, United Spinal operates a wide variety of programs focused upon disability rights, veterans’ advocacy and public policy that promotes the full inclusion of people with disabilities in their communities.

JOB DESCRIPTION

• Responsible for the daily operations of the Accounting functions which includes overseeing the general ledger process, accounts payable, accounts receivable, central purchasing, cash control and internal and external reporting.
• Responsible for scheduling and overseeing the monthly general ledger close including analysis of monthly actual versus budget variances.
• Responsible for the accounting systems, including the General ledger, documentation of all journal entries, contribution reports, preparation of monthly bank reconciliations, various balance sheet accounts.
• Assist CFO with the preparation and review of monthly financial statements, including analysis of monthly actual versus budget variances.
• Research and correct general ledger account discrepancies.

JOB REQUIREMENTS

• Bachelor’s Degree in Accounting;
• Experience in non-profit environment required;
• Requires an in depth knowledge of financial accounting, GAAP, internal and management control systems, information systems applications, and audit planning;
• Knowledge of Quickbooks required, knowledge of MAS 90 a plus;
• Occasional travel required;
• Must be detail-oriented, proficient in Excel, with excellent communication skills.

For further information please forward a detailed resume along with current salary, to jobs@unitedspinal.org. Please add “Sr. Accountant Position” in the subject line.

Veterans and people with disabilities are encouraged to apply.

United Spinal Association offers an excellent benefits package, including employer pension contribution.

On May 15th of this month, while speaking on the merits of volunteerism to graduates of the University of Maryland University College, Secretary of Veterans Affairs Eric K. Shinseki stated in part, “people who make caring for others a personal devotion, a part of their everyday lives, that’s what’s needed – people who are willing to serve the needs of others.”

Two years ago, I was blessed to become married to a wonderful woman whom I have known for 25+ years. Prior to us living together before our marriage, my wife “volunteered” to be my personal care provider. For most of my nearly 43 years of wheelchair use, I took care of almost all my personal needs, but the wear and tear to my shoulder muscles has made me much more dependent on my spouse now.

After we were married, we applied for certain caregiver benefits from the Department of Veterans Affairs which my spouse now receives. But compared to skilled nursing workers, the VA caregiver benefit amount is minimal at best. Much of what my spouse takes care of for me is “skilled nursing” care.

While I’m healthy now, because my wife is younger than me, it is likely that she will survive me. This fact worries me a great deal. I have some life insurance in place that I purchased in my late 20s, however I fear that it might not last my wife all that long. I’ve tried purchasing more life insurance but at my age and with my quadriplegia, no company is interested in insuring me.

When I pass from this earth, the caregiver benefit that my wife now gets goes away, and according to the Government Accounting Office, so does about 65% of my VA compensation. Actually, I believe it’s more than 65%, especially for a vet with a spinal cord injury who also receives “aid and attendance” and “R category” benefits from the VA.

There’s a bill in the House of Representatives, H.R. 2243, or the Surviving Spouses’ Benefit Improvement Act, that would increase the survivors’ benefit for spouses of totally disabled veterans by $316 per month. This is a start, and the Congress should pass this bill without hesitation.

But both the VA and the Congress need to take a closer look at survivor benefits for totally disabled veterans. I think that my wife’s income will be around 20% of what our total income is now. To my wife, I know that my care is her “personal devotion,” and yes it is a part of her everyday life, 24/7. She deserves better than to be left nearly destitute simply because she “volunteered” to be my primary caregiver.