Ausmer v. Shinseki

Ausmer v. Shinseki, 26 Vet.App. 392 (Dec. 19, 2013) (order)

SERVICEMEMBERS CIVIL RELIEF ACT, TIME TO FILE NOTICE OF APPEAL

The Servicemembers Civil Relief Act (SCRA) applies to proceedings at the CAVC, and automatically tolls the 120-day deadline to appeal an adverse Board decision to the Court. Under the specific circumstances of this case – which involved physical disabilities as well as PTSD and difficulty readjusting to civilian life – the Court determined that the appellant was entitled to an additional 90-day stay after his active service ended before the appeal period commenced.