Legal Opinion

Bove v. Shinseki

United States Court of Appeals for Veterans Claims

Decided December 20, 2011No. 08-1468, 09-3758, 10-2139, 10-2622PublishedCited by 53 opinions

1Opinion of the Court

ORDER

2Per curiam

As a result of this Court’s decision in Henderson v. Peake, 22 Vet.App. 217 (2008) (holding that the 120-day time limit to file a Notice of Appeal (NOA) was jurisdictional and not subject to equitable tolling), a significant number of appeals were dismissed for lack of jurisdiction due to the untimely filing of an NOA. Although Henderson was affirmed by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit), 589 F.3d 1201 (Fed.Cir.2009), the U.S. Supreme Court ultimately held that the 120-day time limit to file an NOA pursuant to 38 U.S.C. § 7266(a) 1 — although an important…

3Cases cited34 opinions

  1. National Railroad Passenger Corporation v. MorganSupreme Court of the United States · 2002
  2. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  3. Bowles v. RussellSupreme Court of the United States · 2007
  4. Baldwin County Welcome Center v. BrownSupreme Court of the United States · 1984
  5. Kontrick v. RyanSupreme Court of the United States · 2004

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4Cited by53 opinions

  1. Checo v. ShinsekiCourt of Appeals for the Federal Circuit · 2014
  2. Dixon v. ShinsekiCourt of Appeals for the Federal Circuit · 2014
  3. Sneed v. ShinsekiCourt of Appeals for the Federal Circuit · 2013
  4. Toomer v. McDonaldCourt of Appeals for the Federal Circuit · 2015
  5. Larry G. Tyrues v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2012

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