Winter

MEMORANDUM **

This is the second time we have been called upon to review a district court order finding that procedural deficiencies prevent Steven Winter from proceeding with his medical malpractice claim under the Federal Tort Claims Act, 28 U.S.C. § 2671 et. seq. See Winter v. United States, 244 F.3d 1088 (9th Cir.2001). Once again, we reverse and remand.

On this appeal, Winter challenges the district court’s determination that because he did not file his action within six months of January 31, 1996, it was barred by the statute of limitations. 28 U.S.C. § 2401 (b). January 31st was the date on which the Department of Veterans Affairs (‘VA”) sent Winter a letter by certified mail denying his request for reconsideration. Although there is evidence in the record that the letter never arrived, we need not reach Winter’s contention that the statutory period does not begin to run under § 2401(b) until a claimant receives actual notice of the agency’s final denial. We hold that the government is equitably estopped from asserting a statute of limitations defense against Winter because the VA engaged in a pervasive pattern of affirmative misconduct that began in April 1996, well…