William E. McCreary v. R. James Nicholson

SCHOELEN, Judge:

The appellant seeks review of an August 30, 2004, decision of the Board of Veterans’ Appeals (Board). In a September 2, 2005, opinion, the Court dismissed this appeal, holding that the appellant had not filed his Notice of Appeal (NOA) within 120 days after the date the Board mailed its decision, nor had he met a three-part test to establish that equitable tolling of the 120-day judicial-appeal period was appropriate. McCreary v. Nicholson, 19 Vet.App. 324 (2005). Subsequently, the appellant, through counsel, filed a timely motion for reconsideration. In response to a Court…