Donna E. Roberson v. DOUGLAS A. COLLINS, Secretary of Veterans Af- fairs

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
DONNA E. ROBERSON,
Claimant-Appellant
v.
DOUGLAS A. COLLINS, Secretary of Veterans Af-
fairs,
Respondent-Appellee
______________________
2025-1475
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 18-5724, Chief Judge Michael P.
Allen.
--------------------------------------------------
DONNA E. ROBERSON,
Claimant-Appellant
v.
DOUGLAS A. COLLINS, Secretary of Veterans Af-
fairs,
Respondent-Appellee
______________________
2025-1493
Case: 25-1475 Document: 8 Page: 1 Filed: 04/25/2025

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ROBERSON v. COLLINS 2
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 22-6987, Judge Amanda L. Mere-
dith.
______________________
Before T ARANTO, WALLACH , and CUNNINGHAM , Circuit
Judges.
P ER CURIAM .
O R D E R
Following this court’s March 14, 2025 order directing
the parties to address whether the above-captioned appeals
should be dismissed as untimely, the Secretary of Veterans
Affairs argues the appeals should be dismissed for lack of
jurisdiction. Donna E. Roberson responds, appearing to re-
quest equitable tolling of the time to appeal based on her
medical condition(s).
On January 6, 2020, the United States Court of Ap-
peals for Veterans Claims entered judgment in No. 18-
5724, remanding for further proceedings before the Board
of Veterans’ Appeals. On remand, the Board denied relief,
so Ms. Roberson again appealed to the Court of Appeals for
Veterans Claims in No. 22-6987. The court entered judg-
ment dismissing that appeal on March 13, 2024. On Feb-
ruary 12, 2025, Ms. Roberson filed a notice of appeal
appearing to seek review in both cases.
Although this court has authority to review decisions
of the Court of Appeals for Veterans Claims, a notice of ap-
peal must be received within 60 days of entry of that court’s
judgment. See 38 U.S.C. § 7292(a); 28 U.S.C. § 2107(b);
Fed. R. App. P. 4(a)(1)(B); Fed. Cir. R. 1(a)(1)(D). And that
statutory deadline is jurisdictional such that this court is
not permitted to excuse Ms. Roberson’s late notice based on
her medical condition(s). See Wagner v. Shinseki, 733 F.3d
Case: 25-1475 Document: 8 Page: 2 Filed: 04/25/2025

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ROBERSON v. COLLINS 3
1343, 1348 (Fed. Cir. 2013); see also Henderson v. Shinseki,
562 U.S. 428, 438–39 (2011).
Here, we lack jurisdiction to review either decision of
the Court of Appeals for Veterans Claims at least because
Ms. Roberson’s notices of appeal were not filed within the
60-day deadline for appealing to this court.
Accordingly,
I T I S O RDERED T HAT :
(1) The appeals are dismissed for lack of jurisdiction
(2) Each party shall bear its own costs in both appeals.
April 25, 2025
Date
F OR THE COURT
Case: 25-1475 Document: 8 Page: 3 Filed: 04/25/2025

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