Tolling Date Success

[Berta]

http://fedcir.gov/opinions/06-7022.pdf

The CAVC said she had not filed her motion for reconsideration within 120 days, as required by the regs-

however she had done this-

CAVC said they had no jurisdiction over the claim due to the filing time limit-but the Fed Circuit holds limited powers of jurisdiction and did agree that this veteran had filed her Motion in time.

This is interesting decision because this veteran did not accept the CAVC decision and fought it successfully in the Federal Circuit.

[Stretch]

This could be one way that Judge Greene is judging more claims at this time. The CVAC Back-log, is on the back of the Veteran.

This 120 limit, doesn't take in to consideration the time the BVA mail takes to get to the claimant, but then the post-mark of the claiments file, for reconsideration, isn't even considered. The mailing time should be one week from the post-marked date on the reconsideration.

[Berta]

The decision makes this point about Rule 305 (a):

Postmark or in lieu of postmark (someimes our local PO marks cannot even be read) 5 days before the BVA gets actual receipt- allowing 5 days for mailroom time.