Toomer v. McDonald, 783 F.3d 1229 (Fed. Cir. Apr. 21, 2015)
EQUITABLE TOLLING, PRESUMPTION OF ADMINISTRATIVE REGULARITYHeld: 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.
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