Barrett v. Principi

Larry D. Barrett (""Barrett"") appeals the judgment of the Court of Appeals for Veterans Claims (""Veterans Court""), which held that it lacked jurisdiction because Barrett failed to file a notice of appeal within the 120-day period required by 38 U.S.C. § 7266(a). 1 * Barrett v. Principi, No. 02-2382 (Vet. App. June 5, 2003). Because mental illness can justify equitable tolling of section 7266(a) under some circumstances, we reverse and remand. Background Barrett served on active duty in the Army from July 1970 to January 1972 and in the Navy from February 1975 to July 1976. He alleges that soon after returning from a tour in Vietnam he began to experience emotional problems, but that the symptoms did not become severe until 1982. In 1997, Barrett was diagnosed with post-traumatic stress disorder (""PTSD"") and panic disorder. He claims that by 2002 he suffered from flashbacks and hallucinations.