United States Federal Circuit

The Court of Appeals for Veterans Claims properly dismissed claimant's request for disability benefits where: 1) the denial portion of a mixed decision is a final decision available for Veterans Court review where the Board of Veterans' Appeals makes clear the finality of that denial; and 2) the Veterans Court correctly interpreted 38 U.S.C. section 7266(a) in determining that claimant missed the 120-day deadline for appealing a 1998 decision from the Board of Veterans' Appeals, and found no basis for equitable tolling of that provision's 120-day rule in this case.

Appellate Information

• Decided 10/10/2013
• Published 10/10/2013

Judges

• TARANTO

Court

• United States Federal Circuit

Counsel