Chadwick v. Derwinski

KRAMER, Associate Judge:

The Secretary of Veterans Affairs (Secretary) moved to dismiss the appeal for lack of jurisdiction on the grounds that more than 120 days had elapsed between the date on which notice of the decision of the Board of Veterans’ Appeals (BVA) was mailed to the veteran’s representative and the date on° which the appellant filed a Notice of Appeal (NOA). The appellant was entitled to have a copy of the written decision of the BVA mailed to him at his last known address. Although the appellant mistakenly filed his NOA with the BVA which, in turn, transmitted it to the Court,…