JONES v. NICHOLSON

No. 05-7082.

431 F.3d 1353 (2005)

Bobby R. JONES, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

December 14, 2005.


Attorney(s) appearing for the Case

James R. Barney, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for claimant-appellant. On the brief was Mark R. Lippman, The Veterans Law Group, of La Jolla, California.

Gregory T. Jaeger, 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 Todd M. Hughes, Assistant Director. Of counsel were Richard J. Hipolit, Deputy Assistant General Counsel, Y. Ken Lee, Attorney, and Michael J. Timinski, Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before LOURIE, LINN, and PROST, Circuit Judges.


PROST, Circuit Judge.

Bobby R. Jones ("Jones") appeals from a non-final order of the United States Court of Appeals for Veterans Claims ("CAVC" or "Veterans Court") denying Jones's motion for a limited remand to allow the Secretary of Veterans Affairs ("Secretary" or "government") to assist Jones in his tolling claim and ordering Jones to submit further evidence to support his claim of entitlement to equitable tolling on...

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