had misled him into believing that he could file a motion for reconsideration of the Board’s March 30, 2000, decision at any time and still preserve his appellate rights. DISCUSSION This court’s jurisdiction to review a judgment of the Veterans Court is limited by 38 U.S.C. § 7292(d)(2), which provides that “[e]xcept to the extent that an appeal ... presents a constitutional issue, the Court of Appeals may not review (A) a challenge to a factual determination, or (B) a challenge to a law or regulation as applied to the facts of a particular case.” To the extent that Mr. Phillips’s appeal presents a challenge to 38 U.S.C. § 7266(a) as applied to the facts of his particular case, we do not have jurisdiction to consider his argument. See Leonard v. Gober, 223 F.3d 1374 (Fed.Cir.2000) (<HOLDING>). For that reason, we do not have jurisdiction
holding that we lacked jurisdiction to review the veterans courts determination that equitable tolling did not apply in the case before it holding that equitable tolling principles apply to suits against the united states in the same manner as they apply to private parties holding that equitable tolling is available to avoid time limitations in the statutory provisions governing veterans benefits recognizing that the determination is an equitable one holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling