James P. McKelvey v. Thomas K. Turnage, Administrator of Veterans' Affairs, and Veterans' Administration

Federal law provides honorably discharged veterans with certain educational assistance benefits, see 38 U.S.C. § 1661(a) (1982), which must be used within ten years of discharge from the armed services, see 38 U.S.C. § 1662(a)(1). However, an extension of the limitation period is given to any veteran who is unable to use his educational benefits within ten years “because of a physical or mental disability which was not the result of such veteran’s own willful misconduct.” Id. Appellee James P. McKelvey successfully argued before the District Court that the Veterans’ Administration violated §…