CHECO v. SHINSEKI

No. 2013-7059.

748 F.3d 1373 (2014)

Cerise CHECO, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

April 23, 2014.


Attorney(s) appearing for the Case

Mark R. Lippman , The Veterans Law Group, of La Jolla, CA, argued for claimant-appellant.

Tara K. Hogan , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Stuart F. Delery , Assistant Attorney General, Bryant G. Snee , Acting Director, and Martin F. Hockey, Jr. , Assistant Director. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel, and Martie Adelman , Attorney, United States Department of Veterans Affairs, of Washington, DC.

James R. Barney , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, for amicus curiae. Of counsel on the brief was Terence Stewart , Stewart & Stewart of Washington, DC. Of counsel was Kevin D. Rodkey , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Atlanta, GA.

Before PROST, MAYER, and CHEN, Circuit Judges.


PROST, Circuit Judge.

This is an appeal from the United States Court of Appeals for Veterans Claims ("Veterans Court"). Cerise Checo initially sought an increased disability rating for a back injury, which the Board of Veterans' Appeals denied on July 6, 2011. However, Ms. Checo was homeless and unable to obtain mail until October 6, 2011, when she finally received a copy of the adverse decision. She eventually filed her Notice of Appeal ("NOA") 33 days late. The...

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