Leonard v. West
United States Court of Appeals for Veterans Claims
1Opinion of the Court
ORDER
2Per curiam
Pursuant to Court order, the parties have filed additional pleadings relating to the exercise of this Court’s jurisdiction in this case. It is undisputed that the appellant’s Notice of Appeal (NOA) was received by the Court 121 days after the Board of Veterans’ Appeals (Board) decision on appeal. The sole issue is *555whether the appellant is entitled to equitable tolling.
The ultimate burden of establishing jurisdiction rests with the appellant. See McNutt v. G.M.A.C., 298 U.S. 178, 56 S.Ct. 780, 80 L.Ed. 1135 (1936); Bethea v. Derwinski 2 Vet.App. 252 (1992). To be timely under Rule 4 of…
3Cases cited6 opinions
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
- Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
- Harold E. Bailey, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
- Bethea v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
1 more not listed; retrieve them via the Exa API.
4Cited by19 opinions
- Dulseena J. Leonard, Claimant-Appellant v. Hershel W. Gober, Acting Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2000
- John E. Claiborne v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2005
- Cintron v. WestUnited States Court of Appeals for Veterans Claims · 1999
- Chastain v. WestUnited States Court of Appeals for Veterans Claims · 2000
- Ada Bobbitt v. Anthony J. PrincipiUnited States Court of Appeals for Veterans Claims · 2004
14 more not listed; retrieve them via the Exa API.