Thursday, October 10, 2013

Tyrues v. Shinseki

Tyrues v. Shinseki, 732 F.3d 1351 (Oct. 10, 2013)
FINALITY IN MIXED DECISIONS (i.e., where one or more issue is denied and one or more issue is remanded)
“When the Board renders a clear definitive denial of benefits as part of a mixed decision … the veteran not only can appeal immediately, but must bring any appeal from the denial portion within the 120-day period allowed by statute.” 732 F.3d at 1357 (emphasis added). Equitable tolling does not allow a veteran “the discretion to file an appeal immediately or to wait until completion of all remand proceedings.” Id.

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