United States Federal Circuit

Mental illness can justify equitable tolling of 38 U.S.C. section 7266(a)'s filing period requirement; dismissal of veteran's appeal is reversed and remanded.

Appellate Information

• Decided 04/05/2004
• Published 04/05/2004

Judges

• MAYER, Chief Judge., Before MAYER, Chief Judge, GAJARSA and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael A. Leonard, The VeteransLaw Consortium, of Washington, DC, argued for claimant-appellant.   On the brief was Mark R. Lippman, The VeteransLaw Consortium, of LaJolla, CA.


• For Appellees:
  
• David B. Stinson, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  and James M. Kinsella, Deputy Director.   Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel;  and David R. McLenachen, Attorney, United States Department of Veterans Affairs, of Washington, DC.