Legal Opinion

Rosler v. Derwinski

United States Court of Appeals for Veterans Claims

Decided May 17, 1991No. 90-370PublishedCited by 145 opinions

1Opinion of the Court

STEINBERG, Associate Judge:

Under 38 U.S.C. § 4066(a) (1988), a claimant seeking review of a decision of the Board of Veterans’ Appeals (BVA or Board) must file a Notice of Appeal (NOA) with this Court within 120 days after the date of the BVA’s mailing to the claimant of notice of the BVA’s decision. This case presents this Court with its first opportunity to rule on the interrelationship between the filing during this judicial appeals period of a motion for Board reconsideration and the subsequent filing of an NOA with this Court following the BVA’s denial of that motion after the 120th day…

2Cases cited19 opinions

  1. Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
  2. Baldwin County Welcome Center v. BrownSupreme Court of the United States · 1984
  3. Interstate Commerce Commission v. Brotherhood of Locomotive EngineersSupreme Court of the United States · 1987
  4. Missouri v. JenkinsSupreme Court of the United States · 1990
  5. Truman Outland v. Civil Aeronautics Board, Delta Airlines, Inc., Air Line Pilots Association, International, IntervenorsCourt of Appeals for the D.C. Circuit · 1960

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

3Cited by145 opinions

  1. Kutscherousky v. WestUnited States Court of Appeals for Veterans Claims · 1999
  2. Thurber v. BrownUnited States Court of Appeals for Veterans Claims · 1993
  3. Ashley v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
  4. Oliver L. Jaquay, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2002
  5. Riley v. BondiSupreme Court of the United States · 2025

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

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