Paniag v. West

I voted for en banc review of this case because I believe that the process followed in dismissing the appeal in a case such as this presents a matter of sufficient importance in the administration of veterans’ benefits programs to warrant en bane consideration. See U.S. Vet. App. R. 35(e)

On May 21, 1997, the Court dismissed the appeal for want of a timely filed Notice of Appeal (NOA) and thus a lack of jurisdiction. Paniag v. Brown, 10 Vet.App. 265 (1997). On June 11, 1997, the appellant moved for panel reconsideration or, in the alternative, for en bane review. On July 30, 1997, the panel…