holding, as to motion for BVA reconsideration delivered to RO, that appellant was fully advised of his appellate rights where the Secretary had provided evidence of a dated Notice that had accompanied BVA decision on appeal
How later courts described this case
- holding, as to motion for BVA reconsideration delivered to RO, that appellant was fully advised of his appellate rights where the Secretary had provided evidence of a dated Notice that had accompanied BVA decision on appeal
- “cause and effect” relationship must exist, i.e., appellant relied to his own detriment on action that VA took, or should have taken but did not, and equitable tolling is not invoked if “the appellant’s reliance on VA was not the cause of the late filing”
- discussing possible application of equitable-tolling doctrine to first Rosier condition
- as to “cause and effect” relationship
Written by the judges who cited it.
The opinion
NEBEKER, Chief Judge,
concurring:
I concur in the result.