Legal Opinion

Cerullo v. Derwinski

United States Court of Appeals for Veterans Claims

Decided April 4, 1991No. Nos. 89-2, 90-31, 90-95, 90-153, 90-271 and 90-253PublishedCited by 61 opinions

1Opinion of the Court

MANKIN, Associate Judge:

These cases were consolidated pursuant to U.S.Vet.App.R. 3(b) (Interim). In each of these cases the Chairman of the Board of Veterans’ Appeals (BVA or Board) attempted to vacate the BVA decision, sua sponte, after a timely Notice of Appeal (NOA) had been filed with this Court. The Court is called upon to decide whether the Chairman of the Board of Veterans’ Appeals may order reconsideration of a BVA decision after an NOA from that decision has been filed with this Court. The Court consolidated these cases in order to address this important jurisdictional question.

In…

2Cases cited27 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  3. Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
  4. Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
  5. Abney v. United StatesSupreme Court of the United States · 1977

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

3Cited by61 opinions

  1. Vda de Landicho v. BrownUnited States Court of Appeals for Veterans Claims · 1994
  2. Rosler v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  3. Sumner v. PrincipiUnited States Court of Appeals for Veterans Claims · 2001
  4. Vaughn v. PrincipiCourt of Appeals for the Federal Circuit · 2003
  5. Davis v. NicholsonCourt of Appeals for the Federal Circuit · 2007

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

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