Excerpt from decision below:
GREENBERG, Judge, dissenting: The Supreme Court never suggested “that extraordinary circumstances must exist to allow a veteran to untimely appeal to the Court.” Lopez v. O’Rourke, 30 Vet.App. 103, 107 (Greenberg, J., dissenting).”
‘… I implored my colleagues to “properly examine . . . our inherent constitutional power to apply equitable remedies where Congress has not expressly authorized a result.” Taylor v. Wilkie, 31 Vet.App. 147, 159 (2019) (Greenberg, J., dissenting) quoting U.S. CONST. ART. III, § 2, CL. 1 (“The judicial power shall extend to all cases, in law and equity”). “
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
CHARLES J. RAYBINE, APPELLANT,
ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before GREENBERG, TOTH, and FALVEY, Judges. ORDER PER CURIAM. GREENBERG, Judge, filed a dissenting opinion.
On October 19, 2017, the Board of Veterans’ Appeals mailed self-represented veteran Charles J. Raybine a decision denying entitlement to an earlier effective date for service-connected post-traumatic stress disorder (PTSD). Mr. Raybine filed a motion for reconsideration of the Board decision on July 11, 2018; the motion was denied on September 12, 2018. On November 2, 2018, Mr. Raybine filed a Notice of Appeal (NOA) of the October 2017 Board decision. On January 3, 2019, the Secretary moved to dismiss the appeal as untimely, arguing that the veteran had not asserted a compelling reason for his failure to submit a timely NOA nor