Checo v. Shinseki
Court of Appeals for the Federal Circuit
1Opinion of the Court
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”) 38 days late. The Veterans Court concluded that Ms. Checo’s NOA was untimely and that she failed to show why her homelessness warranted equitable…
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