Legal Opinion
Calma v. Brown
United States Court of Appeals for Veterans Claims
Decided March 1, 1996No. 95-0138PublishedCited by 21 opinions
1Opinion of the Court
STEINBERG, Judge:
The appellant, World War II veteran Jose P. Calma, seeks to appeal an August 25, 1994, Board of Veterans’ Appeals (Board or BVA) decision. The Secretary has moved to dismiss the appeal based upon lack of jurisdiction due to the failure of the appellant to submit a timely Notice of Appeal (NOA). For the reasons that follow, the Court holds that the appellant’s letter filed January 12, 1995, was a timely NOA and denies the Secretary’s motion.
L. Background
On August 25, 1994, the BVA apparently attempted to mail a copy of its decision of the same date to the veteran. See…
2Cases cited18 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Foman v. DavisSupreme Court of the United States · 1962
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
- Torres v. Oakland Scavenger Co.Supreme Court of the United States · 1988
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Durr v. NicholsonCourt of Appeals for the Federal Circuit · 2005
- William E. McCreary v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2005
- Peter L. Kouvaris v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2009
- Ada Bobbitt v. Anthony J. PrincipiUnited States Court of Appeals for Veterans Claims · 2004
- Calma v. WestUnited States Court of Appeals for Veterans Claims · 1998
16 more not listed; retrieve them via the Exa API.