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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