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NELSON v. NICHOLSON

No. 2006-7314.

489 F.3d 1380 (2007)

Larry J. NELSON, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

June 18, 2007.

Attorney(s) appearing for the Case

Paul B. Eaglin, Eaglin Law Office, of Fairbanks, AK, argued for claimant-appellant.

Armando Rodriguez-Feo, 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, Steven J. Gillingham, Assistant Director and Sean B. McNamara, Trial Attorney. Of counsel was Thomas D. Dinackus, Trial Attorney. Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel, and Y. Ken Lee, Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, SCHALL, and DYK, Circuit Judges.

SCHALL, Circuit Judge.

Larry J. Nelson appeals the decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") that dismissed as untimely his appeal from a decision of the Board of Veterans' Appeals ("Board"). Nelson v. Nicholson, 19 Vet. App. 548 (2006). In dismissing the appeal, the Veterans Court refused to equitably toll the filing deadline set forth in 38 U.S.C. § 7266(a) based...

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