UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

MISC. NO. 17-11

IN RE: TIMELINESS OF APPEALS

O R D E R

By order of the full-Court:

This order amends Miscellaneous Order No. 10-11 (issued June 24, 2011).

On June 24, 2011, cases potentially affected by the U.S. Supreme Court's decision in

Henderson v. Shinseki, 131 S. Ct. 1197 (2011), were stayed while a panel considered whether

equitable tolling was warranted in the remanded Henderson case, U.S. Vet. App. No. 05-0090. See

Miscellaneous Order No. 10-11. The stay was in effect until further order of the Court. Id. On

September 26, the Court granted the Henderson parties' joint motion to terminate. Subsequently,

a panel was convened in Lopez (Alfonso) v. Shinseki, U.S. Vet. App. No. 10-2139 (submitted to

panel Sept. 30, 2011), to address an equitable tolling issue similar to the issue raised in Henderson.

This Court's disposition of the equitable tolling issue in Lopez may have a direct bearing on

the disposition of many cases pending before the Court, including many of those cases currently

stayed by the Court's June order. However, it appears that there may be no final underlying Board

decision in a number of the cases currently stayed. In these cases, listed in Appendix I, the stay will

be lifted, and the parties will be instructed by separate order to show cause why their appeals should

not be dismissed.

All other cases stayed by the Court's June order will remain stayed pending further order of

the Court. Additionally, other cases filed since the June order that may be affected by a decision in

Lopez shall be stayed pending further order of the Court; these cases are listed in Appendix II. 

Further, as of the date of this order, the Clerk of the Court (Clerk) is directed to stay any

Notice of Appeal (NOA) filed after the 120-day filing period provided in Rule 4(a) of the Court's

Rules of Practice and Procedure, and for which there is evidence that an underlying Board decision

has been issued; such stay shall be effective until further order of the Court.

It is hereby

ORDERED that the stay imposed on June 24, 2011, by Miscellaneous Order No. 10-11 is

lifted with regard to the cases listed in Appendix I, and the appellants in those cases shall be directed

by separate order issued by the Clerk to show cause why their appeals shall not be dismissed. It is

further

ORDERED that all cases listed in Appendix II are stayed pending further order of the Court. 
It is further

ORDERED that the Clerk shall stay cases in which an NOA is filed after the date of this

order and after the 120-day filing period provided in Rule 4(a) of the Court's Rules of Practice and

Procedure, and for which there is evidence that an underlying Board decision has been issued; such

stay shall be effective until further order of the Court.

DATED: October 5, 2011 FOR THE COURT:

/s/Gregory O. Block

GREGORY O. BLOCK

Clerk of the Court

Appendix I

Dilworth, 11-1586

Fleishman, 11-0521

Hodge, 10-4000

Lowery, 11-0737

Martin, 11-0375

Matuskovic, 11-1147

Miner, 11-1525

Smith, 11-0650

Appendix II

Barraia, 11-2106

Caliyo-Viloria, 11-2184

Carter, 11-2216

Compton, 11-2390

Croce, 11-2737

Daniels, Sr., 11-2109

Darrow, 11-2805

Deborde, 11-2509

Eaddy, 11-2064 

Florita, 11-2671

Ginter, 11-2908

Gray, 11-2394 

Gulley, 11-2464

Hall, 11-2742

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Harvey, Jr., 11-2672

Henri, 11-2340

Hobbs, 11-2861

Hudson, 11-2803

Johnson, 11-2030 

Johnson, 11-2164

Kostelecky, 11-2323

LaClaire ,11-2204 

Latsko, 11-2825

Madson, II, 11-2262

McDonald, 11-2883

Meaux, 11-2884

Mitchell, 11-2400

Ored, 11-2592

Padlan, 11-2412 

Payne, 11-2051

Placino, 11-2032

Pryor, 11-2346

Raphael, 11-2360

Reynolds, 11-2828

Stephenson, 11-2889

Swan, 11-2083

Terry, 11-2912

Upshaw, 11-2547 

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