concluding that equitable tolling would be applicable to section 7266 NOA-filing period where veteran was misled by VA Benefits Counselor into allowing filing deadline to pass
How later courts described this case
- concluding that equitable tolling would be applicable to section 7266 NOA-filing period where veteran was misled by VA Benefits Counselor into allowing filing deadline to pass
- dissenting statements of Kramer and Steinberg, JJ.
- "I would prefer to receive full briefing . . . at this point"
Written by the judges who cited it.
The opinion
ORDER
PER CURIAM.
In an order dated August 5, 1997, the Court dismissed, for lack of jurisdiction, the appellant’s appeal. See Bailey v. Gober, 10 Vet.App. 453 (single-judge order Aug. 5, 1997). During the internal circulation of that order before its release, see the Court’s Internal Operating Procedures (IOP) at *455 V.(a)(3), a judge requested en banc consideration. On consideration of the foregoing, it is by a majority of the Court
ORDERED that en banc consideration is DENIED.