The U.S. Court of Appeals for the Federal Circuit affirmed a Veterans Court dismissal in *Calderon v. Collins*, ruling that veteran Joseph L. Calderon's appeal was properly dismissed for untimeliness. The Federal Circuit issued its nonprecedential decision on Jan. 28, 2026, in case No. 2024-1837.
The case centers on Mr. Calderon's attempt to appeal a veterans benefits determination after missing the statutory deadline for filing his Notice of Appeal with the U.S. Court of Appeals for Veterans Claims. The Veterans Court dismissed Calderon's appeal because his Notice of Appeal was filed after the required deadline and denied his request for equitable tolling relief.
Mr. Calderon, represented by attorneys from Dechert LLP including Shyam Shanker of Charlotte, N.C., and Katherine A. Helm of New York, challenged the Veterans Court's dismissal before the Federal Circuit. The Department of Veterans Affairs was defended by attorneys from the Department of Justice's Commercial Litigation Branch, led by Nathanael Yale.
The Federal Circuit panel, consisting of Circuit Judges Reyna, Wallach, and Hughes, reviewed the case under its jurisdiction pursuant to 38 U.S.C. § 7292. Circuit Judge Wallach wrote the opinion for the court.
According to court documents, Mr. Calderon served with the U.S. Army Reserves and was deployed to Panama in 1990. The specific details of his military service and the underlying veterans benefits claim that led to this litigation were referenced in the court filings, though the complete facts of his deployment and service-related issues were not fully detailed in the available court documents.
The central legal issue in the case involved the application of equitable tolling principles to veterans appeals. Equitable tolling is a legal doctrine that can extend filing deadlines in exceptional circumstances where a party was prevented from meeting a deadline through no fault of their own. Veterans seeking to challenge VA decisions must file their appeals with the Veterans Court within specific time limits set by federal law.
The Veterans Court, under Judge Scott Laurer in case No. 23-6177, originally determined that Mr. Calderon's circumstances did not warrant equitable tolling relief. This meant that despite any potential merits of his underlying veterans benefits claim, his appeal could not proceed because it was filed too late.
In affirming the Veterans Court's decision, the Federal Circuit held that the lower court "did not legally err in determining that equitable tolling does not apply in Mr. Calderon's appeal." The appellate court found that the Veterans Court correctly granted the Secretary's Motion to Dismiss.
The Federal Circuit's decision is marked as nonprecedential, meaning it does not establish binding legal precedent for future cases. However, it demonstrates the strict application of filing deadlines in veterans appeals and the limited circumstances under which courts will grant equitable tolling relief.
This case highlights the procedural challenges that veterans can face in the appeals process. The multi-tiered system for veterans benefits appeals includes initial determinations by the VA, potential appeals to the Board of Veterans' Appeals, and then possible appeals to the Veterans Court. From there, certain legal issues can be appealed to the Federal Circuit.
The timing requirements at each stage of this process are strictly enforced, and veterans who miss deadlines face significant hurdles in obtaining relief through equitable tolling. Courts typically require showing that extraordinary circumstances prevented timely filing and that the appellant acted with reasonable diligence.
For Mr. Calderon, the Federal Circuit's affirmance means his challenge to the VA's benefits determination cannot proceed on the merits. The court's ruling effectively ends his judicial appeal options, though he may still have administrative remedies available within the VA system.
The case underscores the importance of strict adherence to procedural deadlines in veterans appeals. Veterans and their representatives must carefully track all filing requirements throughout the appeals process to preserve their rights to judicial review.
The Department of Veterans Affairs handles hundreds of thousands of benefits claims annually, and a significant portion result in appeals through various levels of the system. The Federal Circuit regularly hears appeals from the Veterans Court on legal issues arising from these benefits determinations.
This decision joins a body of Federal Circuit precedent addressing procedural requirements in veterans appeals. While this particular ruling is nonprecedential, it reflects the court's consistent approach to enforcing statutory deadlines while maintaining limited exceptions for truly extraordinary circumstances that would warrant equitable relief.