GOLDEN v. NICHOLSON, 222 Fed.Appx. 998 (Fed. Cir. 2007)
Cathleen E. GOLDEN, Claimant-Appellant, v. R. James NICHOLSON,Secretary of Veterans Affairs, Respondent-Appellee.
No. 05-7189.United States Court of Appeals, Federal Circuit.
April 20, 2007.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
Appealed from United States Court of Appeals for Veterans Claims, Robert N. Davis, Judge.
John F. Cameron, of Montgomery, Alabama, argued for claimant-appellant.
Michael S. Dufault, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Donald E. Kinner, Assistant Director. Of counsel on the brief were David R. McLenachen, Deputy Assistant General Counsel, and Y. Ken Lee, Attorney, United States Department of Veterans Affairs, of Washington, DC.
Before NEWMAN, MAYER, and LINN, Circuit Judges.
PER CURIAM.
Cathleen E. Golden appeals the final judgment of the United States Court of Appeals for Veterans Claims, which dismissed her appeal from the Board of Veterans'Page 999
Appeals for lack of jurisdiction based on the failure to timely file a notice of appeal. Golden v. Nicholson, No. 04-1385, 2005 WL 668715 (Vet.App. Mar. 16, 2005). In so doing, the court rejected her equitable tolling argument. Wevacate the court's judgment and remand the case for reconsideration in light of Barrett vcholson, 466 F.3d 1038 (Fed. Cir. 2006).