No. 18-1319
Elijah Thomas v. Robert Wilkie, Secretary of Veterans Affairs
Response Waived
Tags: bodily-impairment civil-procedure court-of-appeals-for-veterans-claims disability disability-compensation due-process equitable-tolling judicial-review procedural-barriers procedural-exhaustion statutory-deadline statutory-interpretation veterans-affairs veterans-benefits veterans-claims
Key Terms:
Securities
Securities
Latest Conference:
2019-06-13
Question Presented (AI Summary)
Whether the 120-day deadline for filing a claim in the Court of Appeals for Veterans Claims should be equitably tolled for a 100% disabled veteran unable to file due to severe physical disability
Question Presented (OCR Extract)
QUESTION PRESENTED Should the 120 day deadline stated in 38 U.S.C. § 7266(a) for filing a claim in the Court of Appeals for : Veteran Claims be equitably tolled where the Veteran who has suffered 100% disability is unable to file papers : due to severe bodily swelling and pain that left him housebound?
Docket Entries
2019-06-17
Petition DENIED.
2019-05-28
DISTRIBUTED for Conference of 6/13/2019.
2019-05-20
Waiver of right of respondent Wilkie, Sec. of Veterans Affairs to respond filed.
2019-04-15
Petition for a writ of certiorari filed. (Response due May 20, 2019)
Attorneys
Wilkie, Sec. of Veterans Affairs
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent