Jaquay v. Principi

 
APPEAL NO.
98-7051
OP. BELOW
CAVC
SUBJECT
Veterans
AUTHOR
Linn

Question(s) Presented

Does the Court of Appeals for Veterans Claims have jurisdiction to hear an appeal from the Board of Veterans Appeals when notice of the appeal was not timely filed or otherwise tolled?

Holding

“Because Jaquay’s misfiled request for reconsideration with the VA regional office (‘VARO’) from which his claim originated equitably tolled the judicial appeal period for filing his notice of appeal to the Veterans Court, the Veterans Court’s dismissal is reversed, and the case is remanded.”