Willie J. Threatt v. Robert A. McDonald

I concur with all parts of the majority’s decision except for its discussion regarding due diligence. At oral argument, the Secretary withdrew the due diligence arguments he made in his brief and conceded that if the Court had determined that the appellant timely misfiled an NOA, then due diligence is established. Oral Argument at 25:09, Threatt v. McDonald, U.S. Vet.App. No. 15-0835 (argued Jan. 14, 2016), http://www.uscourts.cavc.gov/oraL arguments_audio.php. I would have accepted the Secretary’s concession without further comment.

As well, I fear the ramifications of the decision as it…