Leonard v. West

I concur, although reluctantly, with the dismissal of the appeal in this case because the circumstances here do not support application of equitable tolling, within the meaning of Bailey v. West, 160 F.3d 1360 (Fed.Cir.1998) (en banc), of the 38 U.S.C. § 7266(a) 120-day deadline. Hence, the Court is without jurisdiction in this matter. However, I believe that the appellant’s extensive pleadings (prepared by pro bono counsel) deserve to be addressed by the Court in considerable detail,1 especially because equitable-tolling determinations are so fact specific.

The appellant’s Notice of Appeal…