United States Federal Circuit

Dismissal of a veteran's appeal from a denial of benefits for lack of jurisdiction, for failure to establish entitlement to equitable tolling of the 120-day period to file a notice of appeal, is reversed where the Veterans Court erred by declining to require the Department of Veterans Affairs to provide all records in its possession, and to develop additional facts, relevant to claimant's equitable tolling motion.

Appellate Information

• Decided 10/11/2006
• Published 10/11/2006

Judges

• Before MICHEL, Chief Judge, FRIEDMAN, Senior Circuit Judge, and MAYER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• James R. Barney, Finnegan, Henderson, Farabow, Garrrett & Dunner, L.L.P., of Washington, D.C., argued for claimant-appellant.   With him on the brief was Mark R. Lippman, The Veterans Law Group, of La Jolla, California.


• 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 David J. Barrans, Deputy Assistant General Counsel, and Y. Ken Lee, Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel was Richard J. Hipolit, Attorney, United States Department of Veterans Affairs, of Washington, DC.