NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2006-7307
BOBBY R. JONES,
Claimant-Appellant,
v.
R. JAMES NICHOLSON,
Secretary of Veterans Affairs,
Respondent-Appellee.
ON MOTION
Before SCHALL, GAJARSA, and LINN, Circuit Judges.
LINN, Circuit Judge.
ORDER
Bobby R. Jones moves without opposition to vacate the final judgment of the
United States Court of Appeals for Veterans Claims in Jones v. Nicholson, No. 03-1996
(Vet.App. June 9, 2006), and remand for reconsideration in light of our decision in
Barrett v. Nicholson, 466 F.3d 1038 (Fed. Cir. 2006).
Jones filed an untimely appeal with the Court of Appeals for Veterans Claims.
The court dismissed his appeal for lack of jurisdiction, stating that he failed to establish
entitlement to equitable tolling of the 120-day period. The court rejected Jones’
argument that the Secretary had a duty to assist him in developing evidence relevant to
the issue of equitable tolling.
In Barrett, this court held that when a veteran alleges facts to show entitlement to
equitable tolling, and jurisdiction is called into question, the government must assist the
court by providing and, where necessary, procuring further evidence helpful in deciding
jurisdiction. Barrett, 466 F.3d at 1044.
Because the Court of Appeals for Veterans Claims rejected the assistance
endorsed by this court in Barrett, we vacate the court’s judgment and remand the case
for reconsideration in light of Barrett.
Accordingly,
IT IS ORDERED THAT:
(1) The motion is granted.
(2) All sides shall bear their own costs.
FOR THE COURT
June 5, 2007 /s/ Richard Linn
Date Richard Linn
Circuit Judge
cc: Mark R. Lippman, Esq.
Phyllis Jo Baunach, Esq.
s19
ISSUED AS A MANDATE: June 5, 2007
2006-7307
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