henderson authorized representative henderson deceased shinseki secretary veterans affairs argued december decided march department veterans affairs va process adjudicating veterans benefits claims disabilities va regional office makes initial decision claim veteran dissatisfied decision may seek de novo review board veterans appeals veteran whose claim denied board generally obtain review veterans judicial review act vjra created appeals veterans claims veterans article tribunal review board decisions adverse veterans veteran must file notice appeal within days date board final decision properly mailed va denied david henderson claim supplemental disability benefits filed notice appeal veterans missing filing deadline days henderson argued failure timely file excused equitable tolling principles appeal pending decided bowles russell held statutory limitation length extension time file notice appeal ordinary civil case jurisdictional party failure file within period excused veterans concluded bowles compelled jurisdictional treatment deadline dismissed henderson untimely appeal federal circuit affirmed held deadline filing notice appeal veterans jurisdictional consequences pp branding procedural rule going jurisdiction alters normal operation adversarial system federal courts independent obligation ensure exceed scope jurisdiction thus must raise decide jurisdictional questions parties either overlook elect press jurisdictional rules may also cause waste judicial resources may unfairly prejudice litigants since objections may raised time even trial drastic consequences urged rule referred jurisdictional unless governs adjudicatory capacity personal jurisdiction reed elsevier muchnick among rules described jurisdictional rules seek promote orderly progress litigation requiring parties take certain procedural steps specified times although filing deadlines quintessential rules congress free attach jurisdictional consequences rules arbaugh applied readily administrable bright line rule determine whether congress done must clear indication congress wanted rule jurisdictional ontext including interpretation similar provisions many years past relevant reed elsevier supra whether congress spoken clearly point pp congress clearly prescribe deadline jurisdictional pp none precedents cited parties controls cases cite bowles supra stone ins bowen city new york involved review article iii courts case contrast involves review article tribunal part unique administrative scheme instead applying categorical rule regarding review administrative decisions attempts ascertain congress intent regarding particular type review issue pp several factors indicate deadline meant jurisdictional terms sets deadline provide clear indication provision meant carry jurisdictional consequences neither speaks jurisdictional terms refers way jurisdiction veterans zipes trans world airlines placement within vjra provide indication placement subchapter entitled procedure subchapter entitled organization jurisdiction suggests congress regarded limit rule telling however singular characteristics review scheme congress created adjudicating veterans benefits claims congress longstanding solicitude veterans oregon plainly reflected vjra subsequent laws place thumb scale veteran favor course administrative judicial review va decisions contrast ordinary civil litigation provided context bowles system congress created veterans dramatic ordinary civil litigation suits must generally commenced within specified limitations period litigation adversarial plaintiffs must gather evidence supporting claims generally bear burden production persuasion parties may appeal adverse decision final judgment may reopened narrow circumstances contrast veteran need file initial benefits claim within fixed period va proceedings informal nonadversarial va assists veterans developing supporting evidence must give benefit doubt evaluating evidence veteran loses board may obtain review veterans board decision veteran favor final veteran may reopen claim simply presenting new material evidence rigid jurisdictional treatment period clash sharply scheme particularly light canon provisions benefits members armed services construed beneficiaries favor king vincent hospital sees clear indication limit intended carry harsh consequences accompany jurisdiction tag contrary government argument lack review opportunities veterans little help interpreting section enacted part vjra legislation decidedly favorable veterans pp reversed remanded alito delivered opinion members joined except kagan took part consideration decision case doretha henderson authorized tative david henderson deceased petitioner eric shinseki tary veterans affairs writ certiorari appeals federal circuit march justice alito delivered opinion veteran whose claim federal benefits denied board veterans appeals may appeal appeals veterans claims veterans veteran must file notice appeal veterans within days date board final decision properly mailed case presents question whether veteran failure file notice appeal within period regarded jurisdictional consequences hold department veterans affairs va administers federal program provides benefits veterans disabilities va process adjudication claims first va regional office receives processes veterans claims makes initial decision whether grant deny benefits second veteran dissatisfied regional office decision veteran may obtain de novo review board veterans appeals board body within va makes agency final decision cases appealed va adjudicatory process designed function throughout high degree informality solicitude claimant walters national assn radiation survivors veteran faces time limit filing claim claim filed va process adjudicating regional office board ex parte nonadversarial cfr va statutory duty assist veterans developing evidence necessary substantiate claims supp iii evaluating claims va must give veterans benefit doubt whenever positive negative evidence material issue roughly equal regional office denies claim veteran generous time limit initiate appeal board cfr veteran may also reopen previously denied claim time presenting new material evidence decisions regional office board subject challenge time based clear unmistakable error veteran whose claim rejected va generally unable obtain review ed veterans judicial review act vjra stat codified amended various sections ed supp iii created veterans article tribunal authorized review board decisions adverse proceedings veterans adversarial see veterans remarkable record success tribunal statistics compiled veterans show last decade ordered form relief around percent merits decisions review veterans decisions certain issues law available appeals federal circuit federal circuit decisions may turn reviewed writ certiorari david henderson served military korean war va gave henderson disability rating paranoid schizophrenia filed claim supplemental benefits based need care va regional office board denied claim filed notice appeal veterans missed filing deadline days see veterans initially dismissed henderson appeal untimely concluded henderson entitled equitable tolling deadline shown illness caused tardy filing later granted henderson motion reconsideration revoked dismissal set case argument henderson appeal pending however decided bowles russell bowles held statutory limitation length extension time file notice appeal ordinary civil case supp iii jurisdictional therefore held party failure file notice appeal within period excused based equitable factors opposing party forfeiture waiver objection late filing bowles supra announced decision bowles veterans directed parties brief decision effect prior federal circuit precedent allowed equitable tolling deadline filing notice appeal veterans divided panel veterans concluded bowles compelled jurisdictional treatment deadline dismissed henderson untimely appeal lack jurisdiction henderson peake vet app henderson appealed federal circuit divided en banc affirmed granted certiorari ii case others come us recent years must decide whether procedural rule jurisdictional see reed elsevier muchnick union pacific locomotive engineers trainmen comm adjustment central region bowles supra arbaugh eberhart per curiam scarborough principi kontrick ryan question merely semantic one considerable practical importance judges litigants branding rule going jurisdiction alters normal operation adversarial system system courts generally limited addressing claims arguments advanced parties see oregon courts usually raise claims arguments federal courts independent obligation ensure exceed scope jurisdiction therefore must raise decide jurisdictional questions parties either overlook elect press see arbaugh supra jurisdictional rules may also result waste judicial resources may unfairly prejudice litigants purposes efficiency fairness legal system replete rules requiring certain matters raised particular times see supra objections jurisdiction however may raised time thus party losing trial may move dismiss case trial lacked jurisdiction arbaugh indeed party may raise objection even party previously acknowledged trial jurisdiction ibid trial lacked jurisdiction many months work part attorneys may wasted consequences attach jurisdictional label may drastic tried recent cases bring discipline use term urged rule referred jurisdictional unless governs adjudicatory capacity personal jurisdiction reed elsevier supra slip kontrick supra rules even important mandatory said given jurisdictional brand see union pacific slip among types rules described jurisdictional called rules rules seek promote orderly progress litigation requiring parties take certain procedural steps certain specified times slip eberhart supra scarborough supra kontrick supra filing deadlines filing deadline issue quintessential rules accordingly simply apply strict definition jurisdiction recommended recent cases reverse decision federal circuit opinion end point unfortunately question us quite simple congress free attach conditions go jurisdictional label rule prefer call rule see bowles supra question therefore whether congress mandated deadline jurisdictional arbaugh applied readily administrable bright line rule deciding questions arbaugh look see clear indication congress wanted rule jurisdictional ibid approach suited capture congress likely intent also provides helpful guidance courts litigants duly instructed regarding rule nature see congress course need use magic words order speak clearly point ontext including interpretation similar provisions many years past relevant reed elsevier supra slip long line decisions left undisturbed congress union pacific supra slip treated similar requirement jurisdictional presume congress intended follow course see john sand gravel iii principles mind consider whether congress clearly prescribed deadline filing notice appeal veterans jurisdictional contending filing deadline meant jurisdictional government maintains bowles controlling government reads bowles mean statutory deadlines taking appeals civil cases jurisdictional since establishes statutory deadline taking appeal civil case government reasons deadline jurisdictional reject major premise syllogism bowles hold categorically every deadline seeking judicial review civil litigation jurisdictional instead bowles concerned appeal one another century worth precedent practice american courts bowles relied involved appeals type see contending bowles reasoning extends judicial review administrative decisions government relies stone ins without elaboration described deadline seeking review courts appeals final removal orders board immigration appeals quoting missouri jenkins government also notes lower decisions uniformly held hobbs act time limit filing petition review certain final agency decisions jurisdictional brief petitioner correctly observes however veterans review va decision denying benefits differs many respects appeals review agency decision hobbs act cf shinseki sanders slip congress made clear va ordinary agency force petitioner argument analog judicial review administrative decision denying social security disability benefits social security disability benefits program like veterans benefits program unusually protective claimants heckler day see also sims apfel plurality opinion indeed government acknowledges social security review mechanisms share significant common attributes brief long congress enacted vjra held deadline obtaining review social security benefits decisions district jurisdictional bowen city new york mathews eldridge weinberger salfi end however none precedents cited parties controls decision cases involved review article iii courts case contrast involves review article tribunal part unique administrative scheme instead applying categorical rule regarding review administrative decisions attempt ascertain congress intent regarding particular type review issue case several factors convince us deadline seeking veterans review meant jurisdictional attributes terms provision setting deadline suggest much less provide clear evidence provision meant carry jurisdictional consequences section provides order obtain review appeals veterans claims final decision board veterans appeals person adversely affected decision shall file notice appeal within days date notice decision mailed pursuant section title provision speak jurisdictional terms refer way jurisdiction veterans zipes trans world airlines congress wanted time treated jurisdictional cast provision language like provision vjra governs federal circuit review decisions veterans latter provision federal circuit review must obtained within time manner prescribed appeal courts appeals district courts time taking appeal district appeals civil case long understood jurisdictional see bowles supra language clearly signals intent impose restrictions appeals veterans federal circuit limit issue case framed comparable terms true cast mandatory language rejected notion mandatory prescriptions however emphatic properly typed jurisdictional union pacific slip quoting arbaugh internal quotation marks omitted thus language provides clear indication congress wanted provision treated jurisdictional attributes placement within vjra provide indication congress placed numbered enacting legislation subchapter entitled procedure see vjra stat placement suggests congress regarded limit rule cf ins national center immigrants rights title statute section aid resolving ambiguity legislation text congress elected place limit vjra subchapter entitled organization jurisdiction see stat within subchapter separate provision captioned jurisdiction finality decisions prescribes jurisdiction veterans subsection provision numbered enacting legislation grants veterans exclusive jurisdiction review decisions board veterans appeals power affirm modify reverse decision board remand matter appropriate also prohibits hearing appeals va secretary subsection limits review record proceedings va specifies scope review precludes review va disability ratings schedule ibid nothing provision organization jurisdiction subchapter addresses time seeking veterans review terms placement provide indication congress intent telling singular characteristics review scheme congress created adjudication veterans benefits claims solicitude congress veterans long standing oregon see also sanders slip solicitude plainly reflected vjra well subsequent laws place thumb scale veteran favor course administrative judicial review va decisions souter dissenting slip see veterans claims assistance act stat act stat vjra stat contrast ordinary civil litigation provided context decision bowles system congress created adjudication veterans benefits claims hardly dramatic ordinary civil litigation plaintiffs must generally commence suits within time specified statute limitations see litigation adversarial plaintiffs must gather evidence supports claims generally bear burden production persuasion parties may appeal adverse decision see final judgment may reopened narrow circumstances see fed rule civ proc contrast veteran seeking benefits need file initial claim within fixed period alleged onset disability separation service claim filed proceedings va informal nonadversarial va charged responsibility assisting veterans developing evidence supports claims evaluating evidence va must give veteran benefit doubt veteran unsuccessful regional office veteran may obtain de novo review board veteran loses board veteran obtain review veterans board decision veteran favor hand final even veteran denied benefits exhausting avenues administrative judicial review veteran may reopen claim simply presenting new material evidence rigid jurisdictional treatment period filing notice appeal veterans clash sharply scheme long applied canon provisions benefits members armed services construed beneficiaries favor king vincent hospital see also coffy republic steel fishgold sullivan drydock repair particularly light canon find clear indication limit intended carry harsh consequences accompany jurisdiction tag government argues reason think jurisdictionally review inconsistent administrative scheme prior enactment vjra va decisions subject review brief provision issue however enacted part vjra legislation decidedly favorable veterans accordingly review opportunities available veterans vjra enacted little help interpreting iv hold deadline filing notice appeal veterans jurisdictional attributes limit nevertheless important procedural rule whether case falls within exception rule question considered judgment appeals federal circuit reversed case remanded proceedings consistent opinion ordered justice kagan took part consideration decision case footnotes section foreclose judicial review constitutional challenges veterans benefits legislation johnson robison challenges va benefits regulations based statutes va administer exclusively traynor turnage appeal taken veterans scope review similar article iii reviewing agency action administrative procedure act see appeals veterans claims annual reports http visited available clerk case file parties asked us address whether deadline subject equitable tolling government disputed deadline subject equitable tolling jurisdictional see brief petitioner accordingly express view question