Torres v. Derwinski

NEBEKER, Chief Judge:

The Secretary of Veterans Affairs (Secretary) moves to dismiss appellant’s (Mr. Torres’) appeal, asserting that the Court is without jurisdiction because the Notice of Appeal was not timely filed. We deny the Secretary’s Motion to Dismiss and hold that Mr. Torres’ efforts to note his appeal were adequate and timely under the circumstances.

The Board of Veterans’ Appeals (BVA) mailed to Mr. Torres notice of its decision on July 18, 1989. By letter dated July 27, 1989, Mr. Torres wrote to his Regional Office in San Juan, Puerto Rico, wherein he stated, “I strongly disagree”…