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Barrett- Tolling On The 120 Day Cavc Limit
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Berta
http://www.veteranslaw.com/Law%20Update.htm
"4. Barrett v. Principi, 363 F.3d 1316 (Fed.Cir. 2004) (The Federal Circuit held that mental incapacity could be a basis to toll the 120-day time period for filing a Notice of Appeal at the CAVC following an adverse BVA decision. The Court stated that the veteran must establish that his psychological disability made him incapable of rational thought or deliberate decision making, or rendered him unable to function in society.).
Practice Note: Barrett is a very important case. Barrett stands for the broad proposition that any time period for filing a written submission (e.g. one-year period for filing a Notice of Disagreement) can be tolled or extended based upon a sufficient showing of the veteran’s psychological disability. "
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