United States First Circuit

In a challenge to an administrative denial of plaintiff's claim against the VA for failure to treat a coronary condition, summary judgment in favor of the VA is reversed and remanded where the VA should have been equitably estopped from raising a statute of limitations defense since a reasonable fact finder could infer that the VA agreed to the late submission of the claim from a letter sent by plaintiff's counsel to the VA to confirm the parties' negotiations, from the lack of response from the VA to the contrary, and from the fact that the claim was ultimately settled.

Appellate Information

• Decided 08/01/2007
• Published 08/01/2007

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Luis M. Cháves-Ghigliotty, for appellant.


• For Appellees:
  
• Germán A. Rieckehoff, Assistant united States Attorney, with whom Rosa E. Rodríguez-Vélez, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division, were on brief, for appellee.