Legal Opinion
Kenneth J. Irwin v. Eric K. Shinseki
United States Court of Appeals for Veterans Claims
Decided August 20, 2009No. 08-1381PublishedCited by 8 opinions
1Opinion of the Court
MOORMAN, Judge:
On December 7, 2007, the Board of Veterans’ Appeals (Board) issued a decision denying veteran Kenneth J. Irwin’s claim for service connection for diabetes melli-tus. On May 2, 2008, the Court received the appellant’s Notice of Appeal (NOA). For the reasons discussed below, the Court holds that because the appellant has not demonstrated that he filed his NOA with the Court within the judicial-appeal period prescribed by statute, the Court will dismiss the appeal for lack of jurisdiction.
I. FACTS
On May 2, 2008, more than 120 days after the Board’s decision, the Court received a…
2Cases cited15 opinions
- Bowles v. RussellSupreme Court of the United States · 2007
- United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926
- Harold E. Bailey, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
- Rosler v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Ashley v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
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3Cited by8 opinions
- James L. Parrish v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2011
- James L. Parrish v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2011
- Robert v. Posey v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2010
- Robert v. Posey v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2010
- Rogelio C. Gomez v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2015
3 more not listed; retrieve them via the Exa API.