Harold E. Bailey, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans Affairs

I write separately for two reasons. First, I wish to emphasize the limited scope of this decision as I would construe it. Second, while I agree with the result reached by the majority, that the Court of Veterans Appeals may toll its filing deadline and should consider whether the facts here justify tolling, I would like to explain why I nevertheless do not join in its opinion.

This decision simply upholds the authority of the Court of Veterans Appeals to toll its 120-day deadline for the filing of appeals from the Board of Veterans’ Appeals. This decision does not decide, nor even purport to…