Holland v. Collins
CourtCourt of Appeals for the Federal Circuit
Date FiledNovember 10, 2026
Docket26-1574
StatusUnpublished
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Full Opinion
Case: 26-1574 Document: 15 Page: 1 Filed: 11/10/2026
NOTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
LEE HOLLAND,
Claimant-Appellant
v.
DOUGLAS A. COLLINS, SECRETARY OF
VETERANS AFFAIRS,
Respondent-Appellee
______________________
2026-1574
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 25-8328, Judge Coral Wong Pi-
etsch.
______________________
Decided: November 10, 2026
______________________
LEE HOLLAND, JR., Rockport, TX, pro se.
NELSON KUAN, Commercial Litigation Branch, Civil
Division, United States Department of Justice, Washing-
ton, DC, for respondent-appellee. Also represented by
WILLIAM JAMES GRIMALDI, PATRICIA M. MCCARTHY, BRETT
SHUMATE.
______________________
Case: 26-1574 Document: 15 Page: 2 Filed: 11/10/2026
2 HOLLAND v. COLLINS
Before STOLL, LINN, and STARK, Circuit Judges.
PER CURIAM.
Lee Holland, Jr. seeks review of a decision of the
United States Court of Appeals for Veterans Claims (“Vet-
erans Court”) dismissing his appeal from a decision of the
Board of Veterans’ Appeals (“Board”). As we lack jurisdic-
tion, we dismiss.
I
Mr. Holland served in the U.S. Navy during multiple
periods between 1961 and 1989. Mr. Holland later filed a
claim for service-connected disability benefits with a Vet-
erans Administration (“VA”) Regional Office (“RO”). His
claim was based on multiple medical conditions, including
hypertension, post-traumatic stress disorder, gastroesoph-
ageal reflux disorder, Parkinson’s-like symptoms, periph-
eral neuropathy, lower back disability, and heart and lung
disabilities. After the RO denied his claim, he appealed to
the Board. On April 4, 2025, the Board dismissed his claim
with respect to various conditions (the “Dismissed Claims”)
and remanded to the RO with respect to other conditions,
specifically, his heart and lung conditions (the “Remanded
Claims”).
More than five months later, on October 2, 2025,
Mr. Holland filed a Notice of Appeal (“NOA”), seeking to
appeal the Board’s April 2025 decision to the Veterans
Court. The Veterans Court dismissed his appeal for two
reasons. First, with respect to the Dismissed Claims, the
Veterans Court found Mr. Holland filed his NOA after the
120-day deadline for doing so, making his appeal untimely.
Second, with respect to the Remanded Claims, the Veter-
ans Court found a lack of a final decision, leaving the court
with no jurisdiction. Thus, the Veterans Court dismissed
his appeal.
Case: 26-1574 Document: 15 Page: 3 Filed: 11/10/2026
HOLLAND v. COLLINS 3
Mr. Holland then timely filed his appeal with this
court. The parties have filed informal briefs, and Mr. Hol-
land has also filed a memorandum in lieu of oral argument.
Having considered all of these materials and the entire rec-
ord, we conclude that we lack jurisdiction and must dismiss
this appeal.
II
“This court’s jurisdiction to review decisions by the Vet-
erans Court is limited.” Wanless v. Shinseki, 618 F.3d
1333, 1336 (Fed. Cir. 2010). “We have exclusive jurisdic-
tion ‘to review and decide any challenge to the validity of
any statute or regulation or any interpretation thereof . . .
and to interpret constitutional and statutory provisions, to
the extent presented and necessary to a decision.’” Id.
(quoting 38 U.S.C. § 7292(c) (2006)). Absent a constitu-
tional issue, however, “we may not review the Veterans
Court’s factual findings or its application of law to facts.”
Checo v. Shinseki, 748 F.3d 1373, 1378 (Fed. Cir. 2014); see
also 38 U.S.C. § 7292(d)(2).
Where we have jurisdiction, we “review de novo a claim
that the Veterans Court committed legal error.” Bonner v.
Nicholson, 497 F.3d 1323, 1327 (Fed. Cir. 2007).
III
We lack jurisdiction over the issues Mr. Holland raises
in this appeal.
A
Mr. Holland first asks us to reverse the Veterans
Court’s determination that his appeal of the Board’s han-
dling of the Dismissed Claims was untimely. Mr. Holland
does not dispute on appeal that when he filed his NOA, on
October 2, 2025, more than 120 days had elapsed since the
date the Board had mailed its decision, on April 4, 2025.
See 38 U.S.C. § 7266(a) (“In order to obtain review by the
Court of Appeals for Veterans Claims of a final decision of
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4 HOLLAND v. COLLINS
the Board of Veterans’ Appeals, a person adversely affected
by such decision shall file a notice of appeal with the Court
within 120 days after the date on which notice of the deci-
sion is issued . . . .”). Mr. Holland can only overcome that
untimeliness by showing he should obtain equitable tolling
under Veterans Court Rule 4(a)(3)(B)(i), which he attempts
to do by pointing to severe lower back pain, back surgery,
and what he asserts is “a reduction of Staff working at the
United States Veterans Administration.” Informal Open.
Br. at 1.
The Veterans Court found that Mr. Holland failed to
demonstrate that the deadline for filing his NOA should be
equitably tolled. In reaching this conclusion, the Veterans
Court applied the three-factor test we have described as
“consistent with other jurisdictions and also with the guid-
ance provided by the Supreme Court.” Checo, 748 F.3d at
1378. That is, the Veterans Court required Mr. Holland to
show: “(1) extraordinary circumstance; (2) due diligence;
and (3) causation.” Id.
We lack jurisdiction to review the Veterans Court’s ap-
plication of this test to the facts of Mr. Holland’s case. See
Conway v. Principi, 353 F.3d 1369, 1372-73 (Fed. Cir. 2004)
(declining to consider arguments that “would require re-
view of the Veteran’s Court’s application of law to fact”);
Albun v. Braun, 9 F.3d 1528, 1530 (Fed. Cir. 1993) (finding
no jurisdiction to review factual findings of Veterans Court
relating to jurisdictional issues). Accordingly, we must dis-
miss this aspect of Mr. Holland’s appeal.
B
Mr. Holland also argues that the VA violated his right
to due process by delaying making findings with respect to
his Remanded Claims. Liberally construed, see Erickson
v. Pardus, 551 U.S. 89, 94 (2007), Mr. Holland’s informal
briefing argues that the Veterans Court should have con-
sidered the VA’s delay in its equitable tolling analysis of
Mr. Holland’s NOA of the Board’s April 2025 decision and
Case: 26-1574 Document: 15 Page: 5 Filed: 11/10/2026
HOLLAND v. COLLINS 5
that the Veterans Court erred in its February 2026 deci-
sion by not reviewing the RO’s August 2025 and Septem-
ber 2025 decisions. That Mr. Holland frames his
contentions as due process arguments does not confer ju-
risdiction on our court. See Helfer v. West, 174 F.3d 1332,
1335 (Fed. Cir. 1999) (“To the extent that he has simply put
a ‘due process’ label on his contention . . . , his claim is con-
stitutional in name only. . . . [His] characterization of that
question as constitutional in nature does not confer upon
us jurisdiction that we otherwise lack.”). Thus, we dismiss
this aspect of Mr. Holland’s appeal as well. 1
IV
We have considered Mr. Holland’s remaining argu-
ments and find they do not establish that we have jurisdic-
tion. Accordingly, for the reasons given above, we dismiss
this appeal for lack of jurisdiction.
DISMISSED
COSTS
No costs.
1 The Veterans Court noted that, on remand, the VA
denied Mr. Holland’s claims relating to his heart and lung
conditions in August and September of 2025. These deci-
sions are not part of this appeal. As the Veterans Court
noted, if “Mr. Holland is dissatisfied with the August and
September 2025 RO decisions issued in response to the
Board’s April 2025 remand, he is free to seek review of
those decisions, including by filing an appeal to the Board
and, if necessary, by appealing to the [Veterans] Court.”
Supplemental Appendix at 3-4.