United States Federal Circuit

Appellant's misfiled request for reconsideration with the VA regional office from which his claim originated equitably tolled the judicial appeal period for filing his notice of appeal to the Veterans Court.

Appellate Information

• Decided 09/16/2002
• Published 09/16/2002

Judges

• LINN, Circuit Judge., Before MAYER, Chief Judge, NEWMAN, MICHEL, LOURIE, CLEVENGER, RADER, SCHALL, BRYSON, GAJARSA, LINN, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Thomas W. Stoever, Jr.,Arnold & Porter, of Denver, Colorado, argued for claimant-appellant.   Of counsel was Keri L. Howe., Michael P. Horan, Attorney, Paralyzed Veterans of America, of Washington, DC, for amicus curiae Paralyzed Veterans of America.   With him on the brief was Morgain M. Sprague., Robert V. Chisholm, Chisholm Chisholm & Kilpatrick, of Providence, Rhode Island, for amicus curiae National Organization of Veterans' Advocates, Inc., Martin D. Minsker, Baker Botts L.L.P., of Washington, DC, for amicus curiae Vietnam Veterans of America, Inc.


• For Appellees:
  
• Steven J. Abelson, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  David M. Cohen, Director;  Kathryn A. Bleecker, Assistant Director;  and Ho Sik Shin, Trial Attorney.   Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel;  and David R. McLenachen, Attorney, Department of Veterans Affairs, of Washington, DC. Of counsel was John P. Sholar, Trial Attorney.