CAVC–Equitable Tolling–Serious as a Heart Attack


Keep this in mind if you appeal an adverse decision of the BVA to the CAVC. Mr. William E. McCreary went through a hurricane (Katrina). It damaged his house and belongings. In spite of his pleas to the CAVC to accept his NOA 7 days late, They turned him down cold. Well, not cold. They debated it for a couple of hours and then 86ed it. This was no ordinary case and mitigated for an exception in my mind.  Not to be. So, with this fresh in your memory, if you file late even by ONE day, your excuse must be pretty damn good and involve more than a dog and some homework. Remember, they also have the same excuse book you are trying to plagiarize from. 

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