Shropshire v. Derwinski

The denial of the motion for review of the Court’s order, dated December 20, 1991, and the resulting dismissal of appellant’s case because his Notice of Appeal (NOA) was not timely received by the Court are results currently compelled by this Court’s precedent and Rule 4 of the Court’s Rules of Practice and Procedure. However, I disagree with the position the Court has adopted. As I have noted in Fletcher v. Derwinski, 2 Vet.App. 82 (1991) (order) and other orders, several practical inequities which result from the Court’s position that an NOA must be actually received by the Court within 120…