United States Federal Circuit

A misfiled notice of appeal with the Department of Veterans Affairs Regional Office, from which a claim for service-connected disability benefits originated, equitably tolled the period for filing a notice of appeal to the Veterans Court, thus the Veterans Court's dismissal is reversed.

Appellate Information

• Decided 12/17/2002
• Published 12/17/2002

Judges

• Before GAJARSA, Circuit Judge, ARCHER, and PLAGER, Senior Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• David M. Lubitz,Swidler Berlin Shereff Friedman, LLP, of Washington, DC, argued for claimant-appellant.


• For Appellees:
  
• Sean C. Griffin, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were David W. Ogden, Acting Assistant Attorney General;  David M. Cohen, Director;  and Harold D. Lester, Jr., Assistant Director.   Of counsel on the brief was Y. Ken Lee, Attorney, Department of Veterans Affairs, of Washington, DC. Of counsel was Donald E. Zeglin, Department of Veterans Affairs, of Washington, DC.