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BARRETT v. PRINCIPI

No. 03-7149.

363 F.3d 1316 (2004)

Larry D. BARRETT, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

April 5, 2004.

Attorney(s) appearing for the Case

Michael A. Leonard, The Veterans Law Consortium, of Washington, DC, argued for claimant-appellant. On the brief was Mark R. Lippman, The Veterans Law Consortium, of LaJolla, CA.

David B. Stinson, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and James M. Kinsella, Deputy Director. Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel; and David R. McLenachen, Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before MAYER, Chief Judge, GAJARSA and DYK, Circuit Judges.

MAYER, Chief Judge.

Larry D. Barrett ("Barrett") appeals the judgment of the Court of Appeals for Veterans Claims ("Veterans Court"), which held that it lacked jurisdiction because Barrett failed to file a notice of appeal within the 120 day period required by 38 U.S.C. § 7266(a).* Barrett v. Principi, No. 02-2382, 2003 WL 21321372 (Vet.App. June 5, 2003). Because mental illness can justify equitable tolling of section 7266...

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