United States Federal Circuit

Court does have jurisdiction to hear plaintiff's appeal of a Board decision which denied his request for an extension of time in which to file a substantive appeal. Court declines to address the issue of first impression, whether equitable tolling applies to 38 U.S.C. section 7105.

Appellate Information

• Decided 05/06/2003
• Published 05/06/2003

Judges

• PLAGER, Senior Circuit Judge., Before RADER, Circuit Judge, PLAGER, Senior Circuit Judge, and BRYSON, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• William A. L'Esperance, of Albuquerque, New Mexico, for claimant-appellant.


• For Appellees:
  
• John S. Groat, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent-appellee.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General, David M. Cohen, Director, and Harold D. Lester, Jr., Assistant Director.   Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel, and Michael J. Timinski, Attorney, Department of Veterans Affairs, of Washington, DC.