This morning, the Federal Circuit released one nonprecedential opinion and five Rule 36 summary affirmances. The nonprecedential opinion addresses a pro se appeal from a judgment of the Court of Appeals for Veterans Claims. Late Friday, the Federal Circuit also released one nonprecedential order dismissing an appeal. Here is the introduction to the opinion and links to the dismissal and summary affirmances.
Ford v. McDonough (Nonprecedential Opinion)
Matthew C. Ford, Jr., a veteran of the United States Army, proceeding pro se, appeals from an order of the United States Court of Appeals for Veterans Claims (“Veterans Court”) dismissing as untimely his appeal of a Board of Veterans’ Appeals (“Board”) decision. Mr. Ford primarily argues that the Veterans Court erred in declining to toll the 120-day time limit to file a Notice of Appeal (“NOA”), which he contends should have been done because a Department of Veterans Affairs (“VA”) form suggested to him that he had one year to request a review. As to this claim, we affirm the Veterans Court. Mr. Ford’s informal brief also argues an alternative basis for equitable tolling—that he has health problems, including fatigue related to a thyroid disorder, that should have excused his late filing. As to this claim, we dismiss for lack of jurisdiction. We therefore affirm in part and dismiss in part.