Legal Opinion
Jonathan D. Fithian v. Eric K. Shinseki
United States Court of Appeals for Veterans Claims
Decided November 9, 2010No. 08-3077PublishedCited by 13 opinions
1Opinion of the Court
DAVIS, Judge:
U.S. Army National Guard veteran Jonathan D. Fithian appeals through counsel from a May 15, 2008, Board of Veterans’ Appeals (Board) decision that denied his claim for VA benefits. On September 25, 2008, the Court received from Mr. Fithian a Notice of Appeal (NOA), which was more than 120 days after the May 15, 2008, Board decision and therefore would be an untimely NOA. See 38 U.S.C. § 7266(a) (establishing that a person adversely affected by a Board decision shall file an NOA with the Court within 120 days after the date the Board decision is mailed).
Because a VA regional…
2Cases cited21 opinions
- Bowles v. RussellSupreme Court of the United States · 2007
- United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926
- Interstate Commerce Commission v. Brotherhood of Locomotive EngineersSupreme Court of the United States · 1987
- Harold E. Bailey, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
- Civil Aeronautics Board v. Delta Air Lines, Inc.Supreme Court of the United States · 1961
16 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Joyce Ratliff v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2013
- William Rickett v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2013
- Jay A. Boyd v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2014
- Anania v. McDonoughCourt of Appeals for the Federal Circuit · 2021
- James L. Parrish v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2011
8 more not listed; retrieve them via the Exa API.