United States Federal Circuit

In an appeal from a decision denying a claim for an earlier effective date for claimant's post traumatic stress disorder, dismissal of the appeal as untimely is affirmed where the United States Court of Appeals for Veterans Claims properly refused to equitably toll the filing deadline set forth in 38 U.S.C. section 7266(a) based on a claim of excusable neglect.

Appellate Information

• Decided 06/18/2007
• Published 06/18/2007

Judges

• SCHALL, Circuit Judge., Before NEWMAN, SCHALL, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Paul B. Eaglin, Eaglin Law Office, of Fairbanks, AK, argued for claimant-appellant.


• For Appellees:
  
• Armando Rodriguez-Feo, 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, Steven J. Gillingham, Assistant Director and Sean B. McNamara, Trial Attorney.   Of counsel was Thomas D. Dinackus, Trial Attorney.   Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel, and Y. Ken Lee, Attorney, United States Department of Veterans Affairs, of Washington, DC.