United States Federal Circuit

The decision of the U.S. Court of Appeals for Veterans Claims dismissing claimant's appeal as untimely is reversed and remanded, where: 1) the Veterans Court erred in refusing to grant claimant an extension of time, given that the VA, despite diligent efforts by claimant's attorney, failed to timely produce relevant documents from claimant's claims file, and the Veterans Court was, under the circumstances here, obligated to consider the record; and 2) the Veterans Court erred in barring claimant from introducing a declaration from his VA psychiatrist, supporting reconsideration of the decision denying his equitable tolling claim.

Appellate Information

• Decided 02/04/2014
• Published 02/04/2014

Judges

• MAYER

Court

• United States Federal Circuit

Counsel