Legal Opinion

Whitt v. Derwinski

United States Court of Appeals for Veterans Claims

Decided October 12, 1990No. Nos. 89-16, 89-151, 90-38 and 90-122PublishedCited by 31 opinions

1Opinion of the Court

KRAMER, Associate Judge, filed the opinion of the Court, in which NEBEKER, Chief Judge, joined.

2Concurring in part, dissenting in partFarley, Associate Judge

KRAMER, Associate Judge:

SUMMARY OF DECISION

The Court joined Whitt v. Derwinski, U.S.Vet.App. No. 89-16, Williams v. Derwinski, U.S.Vet.App. No. 89-151, Davis v. Derwinski, U.S.Vet.App. No. 90-38, and Stokes v. Derwinski, U.S.Vet.App. No. 90-122 because, in each of these cases, the Secretary of Veterans Affairs (Secretary) filed a motion to dismiss, asserting that the Notice of Disagreement (NOD) was filed before November 18, 1988, and that the Court is thus without jurisdiction. The Veterans’…

3Cases cited3 opinions

  1. United States v. Sheffield Bd. of Comm'rsSupreme Court of the United States · 1978
  2. Erspamer v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  3. Isaacs v. BowenCourt of Appeals for the Second Circuit · 1989

4Cited by31 opinions

  1. Hamilton v. BrownUnited States Court of Appeals for Veterans Claims · 1993
  2. Stanley A. Hamilton and Michael J. Hermann, Claimants-Appellants v. Jesse Brown, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1994
  3. AB v. BrownUnited States Court of Appeals for Veterans Claims · 1993
  4. Stokes v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  5. Richard M. Strott v. Edward J. Derwinski, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1992

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