Rayford v. McDonald

Case: 14-7083 Document: 27 Page: 1 Filed: 11/05/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
SHERMAN RAYFORD,
Claimant-Appellant,
v.
ROBERT A. MCDONALD, SECRETARY OF
VETERANS AFFAIRS,
Respondent-Appellee.
______________________
2014-7083
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 13-3047, Judge Mary J. Schoelen.
______________________
ON MOTION
______________________
Before LOURIE, MOORE, and REYNA, Circuit Judges.
REYNA, Circuit Judge.
ORDER
The Secretary of Veterans Affairs moves without
opposition to waive the requirements of Federal Circuit
Rule 27(f) and to remand this appeal for further
proceedings.
Case: 14-7083 Document: 27 Page: 2 Filed: 11/05/2014
2 RAYFORD v. MCDONALD
On May 21, 2013, the Board of Veterans Appeals
(Board) denied Sherman Rayford’s claim for service-
connected benefits. Mr. Rayford, however, asserts that the
Board’s decision was mailed to an incorrect address and
that he did not receive it until August 2013. The United
States Court of Appeals for Veterans Claims (Veterans
Court) received Mr. Rayford’s notice of appeal on October
22, 2013, and on April 1, 2014, the Veterans Court dis-
missed his appeal as untimely.
In the interest of judicial economy, the court grants the
Secretary’s motion to remand for the Veterans Court to
consider, in the first instance, whether the deadline for
filing the notice of appeal in this case should be equitably
tolled in light of this court’s decision in Checo v. Shinseki,
748 F.3d 1373 (Fed. Cir. 2014).
Accordingly,
IT IS ORDERED THAT:
(1) The motion is granted. This case is remanded for
further proceedings consistent with this order.
(2) Each side shall bear its own costs.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s30
ISSUED AS A MANDATE: November 5, 2014