Legal Opinion

Davis v. Brown

United States Court of Appeals for Veterans Claims

Decided December 22, 1994No. 92-1096PublishedCited by 38 opinions

1Opinion of the Court

STEINBERG, Judge:

The appellant, veteran Desmond C. Davis, has moved the Court to vacate its November 25, 1992, order dismissing as untimely filed under 38 U.S.C. § 7266(a) his Notice of Appeal (NOA) from an April 29, 1992, Board of Veterans’ Appeals (BVA or Board) decision. For the reasons that follow, the Court will grant the appellant’s motion, find the appellant’s NOA to be timely filed, and vacate the November 25, 1992, order insofar as it ordered dismissal.

I. Procedural History in the Court

This case has a rather complicated procedural history regarding whether the Court has jurisdiction…

2Cases cited16 opinions

  1. Perrin v. United StatesSupreme Court of the United States · 1979
  2. American Tobacco Co. v. PattersonSupreme Court of the United States · 1982
  3. Ardestani v. Immigration & Naturalization ServiceSupreme Court of the United States · 1991
  4. Addison v. Holly Hill Fruit Products, Inc.Supreme Court of the United States · 1944
  5. Ashley v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992

11 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Robinette v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  2. Evans v. BrownUnited States Court of Appeals for Veterans Claims · 1996
  3. Falzone v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  4. Mason v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  5. Shipwash v. BrownUnited States Court of Appeals for Veterans Claims · 1995

33 more not listed; retrieve them via the Exa API.

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