Toomer v. McDonald, 783 F.3d 1229 (Fed. Cir. Apr. 21, 2015)
EQUITABLE TOLLING,
PRESUMPTION OF ADMINISTRATIVE REGULARITY
Held: In order to warrant equitable tolling of the
120-day deadline to file an appeal with the Veterans Court, a claimant must
show (1) that extraordinary circumstances prevented him/her from filing a
timely appeal; (2) due diligence in his/her attempts to exercise appellate
rights; and (3) that the extraordinary circumstances caused him/her to miss the
deadline. Click here for complete April 2015 Veterans Law Update.
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