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SNEED v. McDONALD

No. 2015-7069.

819 F.3d 1347 (2016)

Marva J. SNEED, Claimant-Appellant v. Robert A. McDONALD, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

April 22, 2016.

Attorney(s) appearing for the Case

Benjamin A. Herbert , Kirkland & Ellis LLP, Los Angeles, CA, argued for claimant-appellant. Also represented by William H. Burgess , Washington, DC.

Renee Gerber , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Scott D. Austin , Robert E. Kirschman, Jr. , Benjamin C. Mizer ; Meghan Alphonso , David J. Barrans , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Opinion for the court filed by Circuit Judge DYK. Concurring opinion filed by Circuit Judge WALLACH.

The Board of Veterans' Appeals ("Board") denied Marva J. Sneed's claim for dependency and indemnity compensation. The Court of Appeals for Veterans Claims ("Veterans Court") dismissed Ms. Sneed's appeal because it was untimely filed and declined to find equitable tolling based on attorney abandonment. We hold that, even assuming...

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