Bill M. Noah v. Robert A. McDonald

Although I agree with my colleagues that the November 28, 2014, Board decision should be remanded for the Board to determine whether the appellant detrimentally relied on the January 1982 misleading notice, I cannot join the majority’s constitutional analysis, and so I am compelled to write separately.

I agree with the majority’s conclusion that the one-year period to submit evidence set forth in 38 U.S.C. § 3003(a) is not subject to equitable tolling, as it is not a statute of limitations. I disagree, however, with the majority’s decision to reach the merits of the appellant’s due process…