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· 12/20/2011

Bove v. Shinseki

Citations

  • 25 Vet. App. 136
  • 2011 U.S. Vet. App. LEXIS 2795
  • 2011 WL 6364587

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the 120-day period in 38 U.S.C. § 7266(a) is subject to equitable tolling
  • holding that the 120-day judicial appeal period is not subject to waiver or forfeiture by the Secretary
  • holding that petitioner failed to provide evidence that his symptoms of schizophrenia had manifested to such an extent that his failure to file his notice of appeal was the “direct result” of his medical condition
  • stating equitable tolling is “applied only when circumstances precluded a timely filing despite the exercise of due diligence, such as (1) a mental illness rendering one incapable of handling one’s own affairs or other extraordinary circumstances beyond one’s control, (2
  • physician's letter describing veteran's difficulty making everyday decisions and that his mental disorders cause him to over-think and procrastinate did not meet Barrett's test
  • physician’s letter describing veteran’s difficulty making everyday decisions and that his mental disorders cause him to over-think and procrastinate did not meet Barrett’s test

Source: CourtListener parenthetical corpus (CC0).

Judges: Davis, Kasold, Moorman, Per Curiam

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.