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Elijah Thomas v. Robert Wilkie, Secretary of Veterans Affairs

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2018-2389 · judgment January 14, 2019

Certiorari denied · June 17, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Should the 120 day deadline stated in 38 U.S.C. § 7266(a) for filing a claim in the Court of Appeals for Veteran Claims be equitably tolled where the Veteran who has suffered 100% disability is unable to file papers due to severe bodily swelling and pain that left him housebound?

Counsel of record

For petitioner
Elijah Thomas

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 17 2019
    Petition DENIED.
  2. May 28 2019
    DISTRIBUTED for Conference of 6/13/2019.
  3. May 20 2019
    Waiver of right of respondent Wilkie, Sec. of Veterans Affairs to respond filed.
  4. Apr 15 2019
    Petition for a writ of certiorari filed. (Response due May 20, 2019)