DIXON v. SHINSEKI

No. 2013-7032.

741 F.3d 1367 (2014)

Donald A. DIXON, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

February 4, 2014.


Attorney(s) appearing for the Case

Sterling Leboeuf , Arnold & Porter, LLP, of Denver, Colorado, argued for claimant-appellant. With him on the brief was Thomas W. Stoever, Jr.

Allison Kidd-Miller , Senior Trial Counsel, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Martin F. Hockey, Jr. , Assistant Director. Of counsel were David J. Barrans , Deputy Assistant General Counsel, and Martie Adelman , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before DYK, MAYER, and CHEN, Circuit Judges.


MAYER, Circuit Judge.

Donald A. Dixon appeals the final judgment of the United States Court of Appeals for Veterans Claims ("Veterans Court") denying his motion to recall the mandate issued in a decision dismissing his appeal as untimely filed. See Dixon v. Shinseki, No. 08-1475, 2012 WL 3291861 (Vet.App. Aug. 14, 2012) ("Equitable Tolling Decision"). We reverse and remand.

BACKGROUND

Dixon served in the United States Army from July...

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